NEW DELHI MUNICIPAL COUNCIL AND ANOTHER versus MANJU TOMAR AND OTHERS

Citation: [2024] 8 S.C.R. 650 · Decided: 28-08-2024 · Supreme Court of India · Bench: HIMA KOHLI

Judgment (excerpt)

[2024] 8 S.C.R. 650 : 2024 INSC 635
New Delhi Municipal Council and Another  
v. 
Manju Tomar and Others
(Civil Appeal No(s). 7440-7441 of 2012)
28 August 2024
[Hima Kohli and Sandeep Mehta,* JJ.]
Issue for Consideration
Matter as regards, the Delhi Sikh Gurdwara Management 
Committee-DSGMC, challenging the order passed by the High 
Court, whereby the NDMC was 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.
Headnotes†
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, re-
employment 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 
* Author
[2024] 8 S.C.R. 
651
New Delhi Municipal Council v. Manju Tomar and Other
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]
List of Acts
Delhi School Education Act, 1973; Delhi School Education Rules, 
1973.
List of Keywords
Closure of the school; Re-employment; Payment of salaries of 
surplus teachers and non-teaching staff; Unaided minority school; 
Absorption; Legal sanction; Reimbursement; Arrears of the  
salary/pension; Retiral benefits; Payment of principal amount; 
Limitation; Payment of interest.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 7440-7441 of 
2012
From the Judgment and Order dated 09.12.2009 of the High Court 
of Delhi at New Delhi in LPA No. 441 and 442 of 2009
With
Civil Appeal Nos. 7442-7444 of 2012
Appearances for Parties
Yoginder Handoo, Ashwin Kataria, Garvit Solanki, Ms. Medha Gaur, 
Ritesh Khatri, Advs. for the Appellants.
Pukhrambam Ramesh Kumar, Karun Sharma, Ms. Anupama 
Ngangom, Ms. Rajkumari Divyasana, Ritesh Khatri, M. C. Dhingra, 
Advs. for the Respondents.
652
[2024] 8 S.C.R.
Digital Supreme Court Reports
Judgment / Order of the Supreme Court
Judgment
Mehta, J.
1.	
Heard.
2.	
These appeals filed by New Delhi Municipal Council1 (hereinafter 
being referred to as ‘NDMC’) and Delhi Sikh Gurdwara Management 
Committee2 (hereinafter being referred to as ‘DSGMC’) arise out of 
a common judgment dated 9th December, 2009 passed by the High 
Court of Delhi in Letters Patent Appeal Nos. 441 and 442 of 2009 
and hence, they have been heard and are being decided together.
Civil Appeal Nos. 7442-7444 of 2012
3.	
Facts in a nutshell relevant and essential for disposal of the appeals 
are noted hereinbelow.
4.	
The appellant-DSGMC was managing and operating a school, namely, 
Khalsa Boys Primary School (in short ‘school’), constructed by it in 
the premises of the Gurudwara Bangla Sahib, New Delhi. The school 
was initially started with 130 students, five teachers including the 
Headmistress, 2 peons and one 

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