Neutral Citation No. - 2025:AHC:13017-DB Court No. - 29 Case :- WRIT - C No. - 28703 of 2024 Petitioner :- Arjun Mehrotra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anju Pandey Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. On the previous occasion, this Court had passed the following orders: "Learned Standing Counsel appearing on behalf of the State submits that a letter has been written to the Director Mission, National Health Mission, State Program Management Unit, U.P. Lucknow to clear the bills for the supplies made of medicines to the petitioner. Director Mission, National Health Mission, State Program Management Unit, U.P. Lucknow being the respondent No.3 in the writ petition is directed to act expeditiously, preferably within one week from date in sending such clearance to Chief Medical Officer, Mirzapur. Upon such clearance is received, the Chief Medical Officer, Mirzapur is directed to immediately make the payment of the same to the petitioner. We expect that entire process should be completed within a period of four weeks from date. List this matter as fresh on January 24, 2025, in top ten cases." Today, when the matter is taken up, Sri Pranjal Mehrotra, learned counsel appearing for the respondent-Director Mission, National Health Mission Program, Lucknow states that funds were sanctioned for the purpose during financial year, but the District Level Committee apparently diverted such funds for some other work, on account of which, it has not been possible for the petitioner to be paid his dues. Learned counsel for the petitioner states that once the entitlement of the petitioner is admitted, as is clear from the communication of the Chief Medical Officer, any diversion of fund by the State authority for some other purpose, would not be a good ground to deny claim of the petitioner, when the entitlement otherwise is admitted. Having examined the materials placed on record, including the instructions of the Mission Director, which are taken on record, it remains undisputed that the claim of the petitioner for the payment of the medicine supplied to the State, is not disputed. What is disputed is the fact that funds were diverted for other purposes by the Chief Medical Officer/District Level Committee. It is also alleged that the Director Mission had specifically instructed the Chief Medical Officer not to divert funds for any other purposes. Notwithstanding it, the Chief Medical Officer has diverted the funds and is now insisting for grant of additional budgetary allocation. In the facts of the case, it was for the State to take action against its own officers, if the funds specifically earmarked for supply of medicine was diverted to some other use. Merely for the fault of any of the State Officers, the petitioner cannot be victimized, once the supply of medicines and payment of dues against it, is admitted. In such circumstances, we allow the petition and issue a mandamus to the respondents to pay the admitted dues of the petitioner, within four weeks from today. For any delay in payment of such amount, the petitioner would be entitled to interest at the rate of 9 percent per annum, which shall be open to be recovered from the officer found responsible for such dereliction. The writ petition is allowed, accordingly. Order Date :- 24.1.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad