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2025 DAILYLAW 64482 (ALL)

KRIPA SHANKAR MEMORIAL SOCIETY v. UNION OF INDIA AND 2 OTHERS

WRIC/17759/2025 · 2025-08-03

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130665-DB Court No. - 21 Case :- WRIT - C No. - 17759 of 2025 Petitioner :- Kripa Shankar Memorial Society Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Alok Kumar Yadav,Vashistha Dubey Counsel for Respondent :- A.S.G.I.,C.S.C.,Chandra Prakash Yadav Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The case of the petitioner-society is that it was entrusted with the work of welfare of child labour in the State under a Central Government scheme (NCLP), but the amount due and payable to the petitioner-society for the services rendered by it under the said scheme has not been paid so far due to paucity of funds. 2. Learned counsel for the petitioner places reliance on the order dated 15.03.2024 passed in Writ-C No.8633 of 2024, in submitting that in similar facts and circumstances, the writ petition was disposed of with direction to respondent Nos.4 and 5 to take decision on the claim. 3. The operative part of the order dated 15.03.2024 in Writ-C No.8633 of 2024 is as follows:- "Accordingly, the writ petition stands disposed of with the direction, subject to the petitioner filing a copy of this order before respondent no.4, the said respondent may take due action on the claim made, as expeditiously as possible, preferably within a period of one month from the date of compliance shown. If the claim or any part thereof is to be declined, adequate reasons for the same may be communicated to the petitioner within the same time. Admitted amount, if any, may be paid out within a further period of one month. Failing that compliance, admitted amount shall attract interest @ 8% from the date of amount becoming due till the date of actual payment." 4. Learned Standing Counsel has placed on record the instructions received from Project Director, National Child Labour Project, Kaushambi, Uttar Pradesh in which it is stated that the amount in question could not be paid to the petitioner in view of paucity of funds and that request has been made to the Ministry of Labour and Employment, Union of India for releasing the requisite funds. 5. Learned counsel for Union of India has placed on record the instructions received from the Ministry of Labour and Employment, according to which, on 04.04.2025, the Collector, Kaushambi was informed that the NCLP Scheme has been subsumed with Samagra Shiksha Abhiyan with effect from 01.04.2021 and, consequently, no funds have been allocated under NCLP Scheme. It is also stated that since NCLP, Kaushambi failed to submit requisite documents within stipulated time-frame, therefore, the standing liabilities pertaining to NCLP, Kaushambi is not admissible. 6. In case the services have been taken from the petitioner, in our opinion, the fact that NCLP Scheme has been subsumed with some other scheme or there was any default on part of NCLP, Kaushambi in furnishing requisite documents, may not be sufficient to reject the claim out-rightly. 7. Shri Alok Yadav, learned counsel for the petitioner, in view of the aforesaid stand taken by the Ministry of Labour and Employment, states that the petitioner would approach respondent no.1 for examining admitted claim and making payments. 8. Accordingly, we dispose of the instant petition with liberty to the petitioner to approach respondent no.1 alongwith fresh representation and true attested copy of the instant order so that appropriate decision, in relation the claim of the petitioner, is taken within six weeks. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 4.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad