Swapnil Tripathi vs State Of U.P. And Others
2012 Latest Caselaw 1139 ALL

Citation : 2012 Latest Caselaw 1139 ALL
Judgement Date : 30 April, 2012

Allahabad High Court

Swapnil Tripathi vs State Of U.P. And Others on 30 April, 2012

Bench: V.K. Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - C No. - 15665 of 2012
 

 
Petitioner :- Swapnil Tripathi
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Anil Tiwari
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

In the present case when matter was taken up on the last occasion, on 29.03.2010, learned standing counsel was accorded three weeks' time to file counter affidavit by showing cause as to why reimbursement was not made to the petitioner.

Today when the matte has been taken up, Sri R.P. Tiwari, learned standing counsel, made a statement that the respondents have been informed, but till date no one has turned up to file counter affidavit, and further submission has been made that on account of paucity of funds, the amount is not being reimbursed.

Generating of funds is domain of the State Government and it is not at all concern of the petitioner; in view of this Principal Secretary, Social Welfare Department, Government of U.P. Lucknow is directed to see and ensure that in reference to petitioner and all such similarly situated identical matters, steps are taken for fulfilling the social obligations which has been set up by the State Government. Non-availability of the funds should not come in the way of fulfilling the social obligations, once it is social welfare scheme floated by the State Government in the said direction.

List this matter on 4th July, 2012. By the said date, the Principal Secretary, Social Welfare Department, Government of U.P. Lucknow and the Commissioner, Social Welfare, U.P. Government, Lucknow are directed to see and ensure that in reference to petitioner and all such similarly situated identical matters, steps are taken for fulfilling the social obligations and the amount in question is reimbursed to the petitioner, failing which the aforesaid authorities are directed to remain present in Court personally.

Let a copy of this order be made available to Sri R.P. Tiwari, learned standing counsel for its compliance.

Order Date :- 30.4.2012

SRY