High Court of Uttarakhand · 2016

“9. That the contents of Paragraph No. 11 & 12 of the writ petition are not admitted. In reply it is submitted that the petitioner is appointed under SPQEM Scheme of Government of India and at the time of verification, the Government of India has found that U- dice code of the above Society and U-dice Code 97- Madarsa Recognized (by Waqf Board/ Madarsa Board) is not registered, due to this reason the Government of India has not released the fund for financial year 2016-17.

12. That in reply to the contents of Paragraph No. 15 of the writ petition it is submitted that the order passed by Hon'ble Court in 18 writ petitions have been complied and the petitioners of the above writ petitions, the Government of India has released budget for financial year 2016-17 and as per Rules, the budget has been released to concerned Society. The request has been forwarded for the financial year 2017-18, 2018-19, 2019-20, 2020-21 and 2021- 22 to Ministry of Minority Work, Government of India and whenever the budget be sanctioned, the same shall be transferred to the Bank Account of the concerned Society.”

6. Mr. At ul Bhat t , learned counsel appearing for Union of I ndia, however, subm it s t hat a sum of Rs. 8.31 crore has been released by Cent ral Governm ent t o Governm ent of Ut t arakhand under SPQEM schem e for financial year 2016- 17. Para 15 of count er affidavit filed on behalf of respondent No. 6 is ext ract ed below: - “15. That it is submitted that in the Financial Year 2020-21 funds to the tune of Rs. 207.11 crore were released under the Scheme (SPQEM) to the States for the years 2013-14 to 2016-17 (till 2019- 20 for the State of Tripura) by the Department of School Education and Literacy, Ministry of Education. Out of this Rs. 8.31 crore was released to the State Government of Uttarakhand for the year 2016-17.”

7. Since t he Cent ral and St at e Governm ent have t aken different st and in t heir count er affidavit s, and t here is no clarit y regarding financial aid provided by Cent ral Governm ent for concerned school, in which pet it ioner is serving, t herefore, t his Court t hinks t hat ends of j ust ice would be m et , if com pet ent aut horit y t he St at e 3 Governm ent , is direct ed t o exam ine t he issue of paym ent of honorarium / rem unerat ion t o t he pet it ioner, as per applicable schem e.

8. The Writ pet it ion is, accordingly, disposed of by direct ing t he Secret ary, Minorit y Welfare t o const it ut e a com m it t ee consist ing of not t han t hree officers headed by Addit ional Secret ary t o t he St at e Governm ent and one of t he m em bers should be an officer not below t he rank of Dist rict Minorit y Welfare Officer.

9. The said com m it t ee shall consider t he claim of pet it ioners for grant of honorarium including arrears, wit hin four m ont hs. I f com m it t ee opines t hat pet it ioners are ent it led t o honorarium , including arrears, t hen t he am ount found t o be payable t o t hem , shall be released wit hin t wo m ont hs t hereaft er. The request m ade by St at e Governm ent t o Minist ry of Hum an Resource Developm ent for release of addit ional funds under SPQUEM shall be considered wit hin t wo m ont hs from dat e of receipt of such represent at ion.

10. Pending applicat ion( s) , if any, also st and disposed of. _______________________________ M A N OJ K UM A R TI W A RI , J. Dt : 07.10.2025 Mahinder MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c 2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4 626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH 4