Court No. - 32
Case :- WRIT - C No. - 9955 of 2019
Petitioner :- Amir Bano Human Welfare Society And Another
Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vikas Budhwar Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition, inter alia, has been filed for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the case of the petitioner for release of the amount to Rs. 797000/- and Rs. 12,72,000/- totalling to Rs. 20,69,000/-"
Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.
In pursuance of the earlier order of this Court, learned Standing Counsel has received instructions in the matter. Perusal of the instructions received from the Chief Medical Officer through District Tuberculosis Officer, Kaushambi dated 20.4.2018 and 18.4.2019 indicates that the claim of the petitioners has already been accepted but the money is not being paid merely because fund has not been provided, although there is no dispute with regard genuineness of the claim. The petitioners cannot be deprived of their claim merely because authorities are short of fund or money in this regard has not been allocated, payment of admitted amount cannot be delayed.
Considering the facts and circumstances of the case, the Respondent No. 2, State T.B. Officer, T.B. Control Programme Swasth Bhavan, Lucknow is directed to pay the requisite amount as claimed by the petitioners within a period of 60 days from the date of receipt of a certified copy of this order.
With this observation, the writ petition stands finally disposed of.
Order Date :- 29.4.2019 vinay