VidhiSangh

Supreme Court of India · 28/08/2024

NEW DELHI MUNICIPAL COUNCIL AND ANOTHER versus MANJU TOMAR AND OTHERS

[2024] 8 S.C.R. 650 · 2024 INSC 635

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A management that closes a recognised aided school without the Director's prior approval under Rule 46 of the Delhi School Education Rules cannot use Rule 47 to put on the government the duty to absorb and pay the surplus staff. DSGMC's appeals were dismissed. NDMC was directed to pay the remaining dues and interest to the staff, with liberty to recover them from DSGMC, and limitation does not bar that recovery.

Issues

  1. Whether DSGMC, having demolished and closed an NDMC-aided school without prior approval and in breach of a High Court stay, could rely on Rule 47 to make NDMC responsible for absorbing and paying the surplus staff.
  2. Whether NDMC had to bear the salary, pension and interest dues of the staff, and whether its claim to reimbursement from DSGMC was barred by limitation.

Provisions considered

Held

Result

DSGMC's Civil Appeal Nos. 7442-7444 of 2012 dismissed. NDMC's Civil Appeal Nos. 7440-7441 of 2012 disposed of with a direction to pay all remaining dues, including interest, to the staff within eight weeks. NDMC may seek reimbursement from DSGMC, including by impleadment in Contempt Petition No. 805 of 2016 before the Delhi High Court. No costs.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 650.