Delhi School Education Rules, 1973 – rr. 46, 47 – Closing down of a school or any class in a school – Absorption of surplus [employee] – School being run by Delhi Sikh Gurdwara Management Committee-DSGMC receiving 95% grant from NDMC, and remaining 5% contribution made by the DSGMC towards the budget of the school, closed down without due approval of Director, NDMC – Issue as regards, reemployment and payment of salaries of the surplus teachers and non-teaching staff upon closure of the school – Order passed by the High Court, whereby the NDMC directed to reimburse the pay and perquisites including the pension and other benefits accruing to the staff of the school and then to recover the same from DSGMC – Challenge to: Held: r.47 cannot be invoked by DSGMC so as to claim that the burden of re-employment and payment of salaries of the surplus teachers and the non-teaching staff upon closure of the school would be that of the NDMC – Absorption only arises when the closure of the school is done in accordance with law, which requires a full justification and prior approval of the Director as per r.46 – Since the closure of the school was undertaken de hors r.46, the submission that the onus to absorb the surplus teaching and non-teaching staff would be that of the NDMC, has no legal sanction and cannot be sustained – Bar of limitation would not come in the way of the NDMC in seeking reimbursement of the amounts paid to the staff of the school from the DSGMC – Principal amount having already been paid by NDMC, the direction given by the High Court for payment of interest to the staff of the school, in terms of the impugned judgment does not call for interference – NDMC to pay all remaining dues including interest to the staff of the school, within the stipulated period – NDMC entitled to seek reimbursement of the amounts paid to staff of the school from the DSGMC, in case the DSGMC voluntarily fails to reimburse the said amount. [Paras 18, 19, 21-26]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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