Calcutta High Court (Appellete Side)
Shri Asit Kumar Das vs Union Of India & Ors on 19 September, 2023
19.09.2023 IN THE HIGH COURT AT CALCUTTA
DL-102 CONSTITUTIONAL WRIT JURISDICTION
(PP) APPELLATE SIDE
WPA 4625 of 2023
Shri Asit Kumar Das
Vs.
Union of India & Ors.
Mr. Sandipan Pal
....for the petitioner.
Mr. Arjun Ray Mukherjee
....for the State.
Mr. Ajit Kumar Mishra,
Mr. Abhishek Dey,
Mr. Supravat Banerjee
....for the respondent nos.1, 2 & 3.
Mr. Ray Mukherjee, learned counsel appearing on behalf of State respondents draws the attention of this Court to the Report-on-Affidavit filed by the District Magistrate, East Medinipur.
From the said Report-on-Affidavit, it appears that the learned District Magistrate being the Chairman of NCLP scheme and the Head of the District wrote to the Central government seeking response for disbursal of payments from the unspent balance amount of Rs.43,17,020/- in respect of 2nd instalment payable by Central Government. The total amount sanctioned by the Central Government was Rs.60,21,500/-. The State Government disbursed the first instalment to the tune of Rs.22,82,808/-.
He submits that only on March 14, 2022 the Central Government intimated to the State 2 Government that the National Child Labour Project (NCLP) Scheme was given an extension till March 31, 2021 and the same has now been decided to be subsumed under Samagra Shiksha Abhiyan of the Ministry of Education. The said notification dated March 14, 2022 was issued by the Under Secretary, Child Labour Section, Ministry of Labour and Employment, Government of India.
Pursuant to the said notification, the District Magistrate and Chairman of Sishu Shramik Unnayan Samity, Purba Medinipur sought for certain clarifications from the Central Government on April 12, 2022. The District Magistrate sought for the following clarifications:-
" i) The new SOP or guidelines of the scheme as submitted to SSA.
ii) Whether the District Project Society office will continue from 1st April, 2022 or not.
iii) If yes, what period of time should work the District Project Society.
iv) If no, what is the procedure to handover the official unit to Samagra Shiksha Abhiyan (SSA) at District level.
v) No Special Training Centers (STC) under Samagra Shiksha Abhiyan (SSA) are functional in the district of Purba Medinipur, hence NCLP Special Training Centers will be operational under Samagra Shiksha Abhiyan (SSA) or be ceased."3
Such clarifications were not made to the Chairman of NCLP.
Therefore, the State did not commit any error by not releasing the funds due by way of second instalment from the Central Government to the persons engaged under NCLP.
Mr. Mishra, learned counsel appearing on behalf of Union of India submits that since the unspent amount is still retained by the State respondents and the State has not forwarded the same to the Central Government, the State should release the amount due and payable to the persons engaged under NCLP Scheme till March 31, 2021, from the unspent balance instead of insisting upon disbursal of more funds by way of 2nd instalment.
In the circumstances aforesaid, this Court directs the State respondents concerned to pay the petitioner's honorarium up to March 31, 2021 from October, 2020 within a period of one month from the date of this order.
The respondent nos.1 to 3/Union of India will be permitted to bring necessary instructions on record to show whether the State Government was aware that the NCLP Scheme was to be terminated with effect 4 from March 31, 2021 on the basis of any communication issued prior to march 31, 2021.
Let the matter appear for further consideration under the same heading "Motion" on November 28, 2023.
All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.
(Lapita Banerji, J.)