Neutral Citation No. - 2025:AHC-LKO:20546 Court No. - 8 Case :- WRIT - C No. - 8579 of 2024 Petitioner :- Prachi Thru. Their Father Natural Guardian Rajesh Kumar Yadav And Another Respondent :- State Of U.P. Thru, Prin. Secy. Basic Edu. Deptt. Lko And 4 Others Counsel for Petitioner :- Vimlesh Tiwari,Abhinandan Kumar Pandey Counsel for Respondent :- C.S.C.,Pradeep Tiwari Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners and Sri Rahul Shukla learned Additional Chief Standing counsel for the State respondent as well as Sri Pradeep Tiwari learned counsel for the Basic Shiksha Adhikari. By means of the instant petition, the petitioners pray for following reliefs:- "(i) issue a writ, order or direction in a nature of mandamus commanding the opposite parties no.1 to 4 (specially O.P. No.4) to release funds Rs.Five thousands per child for every year in favour of petitioners for buying the Text-books and dresses of session 2019-2020, 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025 i.e.30000/ (thirty thousand only) in favour of Petitioner no.1 and Session 2019-2020, 2020- 2021, 2021-2022, 2022-2023, i.e. 20000/- (twenty thousand) in favour of Petitioner no.2 under scheme by State Government of Uttar Pradesh for children who has got their admission under Right of Children to Free and Compulsory Education Act 2009 within stipulated period fixed by this Hon'ble High Court. (ii) Issue a writ, order or direction in a nature of mandamus commanding the Opposite Parties to award the appropriate compensation to the Petitioners against the financial and mental harassment by opposite party no.3." The record indicates that a coordinate Bench of this Court by means of the order dated 01.10.2024 had granted time to the learned Standing counsel to seek instructions regarding the non disbursement of the fund of Rs.5,000/- each to the petitioners which was lastly given to the petitioners in the year, 2019 and not thereafter. In furtherance thereof, learned Additional Chief Standing counsel has provided a copy of the written instructions dated 10.04.2025 under the signature of the Director of Basic Shiksha Adhikari, wherein it has been stated that on 07.03.2025, a sum of Rs.21,56,80,000/- has been disbursed to the Basic Shiksha Adhikari and a show cause notice has also been issued to the Basic Shiksha Adhikari concerned as to why the aforesaid sum has not been disbursed to the concerned students. A copy of the said instructions are taken on record. From a perusal of the averments made in the petition as well as from a perusal of the written instructions an undisputed fact that emerges that the petitioners had taken admission in Rainbow Public school under the RTE Act and they had been paid the said sum of Rs.5,000/- each to the petitioners in the academic year 2016 onwards till 2019. However, no further disbursement has been made. It is not disputed by the State respondent regarding the eligibility of the petitioners to receive the said sum. It is also not disputed that necessary funds had been disbursed to the Basic Shiksha Adhikari for its further disbursal in accordance with the term of scheme to the deserving students and there is no further denial as to any legal impediment in terms whereof the present petitioners are not entitled to the aforesaid sum of Rs.5,000/-. Sri Pradeep Tiwari learned counsel for the Basic Shiksha Adhikari submits that though eligibility of the petitioners to receive sum is not disputed but he submits that he did not have requisite funds to disburse for the academic year 2019-20 onwards. Be that as it may, since Director has already issued notice to the Basic Shiksha Adhikari, hence, it is the matter between Basic Shiksha Adhikari and the Director, however, it does not create any legal impediment for the petitioners to receive the sum. In this view of the matter, this Court finds that the petitioners are entitled to a sum of Rs.5,000/- for their text books, uniform etc and they are entitled to receive the same at the rate of Rs.5,000/- annually from the academic year-2019-20 onwards till date subject to complying with necessary formalities if required to be done. Accordingly, the Basic Shiksha Adhikari i.e. respondent no.4 is directed to make the necessary payment to the petitioner within a period of eight weeks from today. Accordingly, the writ petition is allowed in the aforesaid terms. Costs are made easy. Order Date :- 11.4.2025/Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench