ORDER Sampoorn Grameen Rozgar Y ojana 1. The order dated 7-10-2004 notices as to what is stated at p. 20 in box 2 regarding failure of authorities to take appropriate action despite the Commissioners intervention in the case of Madhya Pradesh in respect of payment of wages to the labourers. The State of Madhya Pradesh was directed to file an affidavit giving explanation. Our attention has been drawn to letter dated 22-9-2004 written by the Commissioners appointed by this Court to the Chief Secretary of the State requesting for arranging payment of Rs 88,996 (Rupees eighty-eight thousand nine hundred and ninety-six only) for the work done at Limbi. The said letter makes a grievance about non-payment of wages and also refers to joint enquiry report. We have also perused that report. It appears from the material on record that a resolution was passed by the Gram Sabha on 14-4-2003 for construction of the dam in question in Limbi village. Further, it appears that the work of construction commenced on 22-5-2004 and it was completed on 2-6-2004. The inauguration was done by the Naib Tahsildar. It further appears from the material on record that even post-evaluation estimate shows that the work was of over eighty thousand rupees. In the report dated 10-9-2004, the following summary recommendations have been made: "1. The Collector, Badwani must ensure that the process of social audit is taken seriously by all Gram Panchayats in the district. All records must be made available at meetings of the Gram Sabha, which must be regularly held. Copies of records must be made available to any citizen on demand. Strict action must be initiated on any dereliction of duty in this respect. 2. The Collector, Badwani must fully cooperate with any individual! organisation seeking to enforce transparency and accountability in governance. 3. A payment of a total of Rs 88,995.78 be immediately made to labourers who worked at the earthen dam site in Oedwani Phalia (near Iohania, south of Hiras field) in Village Limbi, Block Pati, Tehsil Badwani, District Badwani as per the record of work done. 4. The payments must be made in a transparent manner at Village Limbi in full public view in the presence of an officer of rank not less than Tahsildar. 5. The Collector should report to the Commissioners of the Supreme Court Of India that the payment has been made not later than 20-9-2004. 4. The payments must be made in a transparent manner at Village Limbi in full public view in the presence of an officer of rank not less than Tahsildar. 5. The Collector should report to the Commissioners of the Supreme Court Of India that the payment has been made not later than 20-9-2004. Non-compliance with this would necessitate bringing the issue to the notice of the Honble Supreme Court." 2. We have also perused the reply dated 8-10-2004 sent by the Collector to the Commissioners letter dated 22-9-2004. That reply has been annexed with the affidavit of the State Government which commences from p. 4003 of Vol. 1 (I). The factum of the construction of the dam is not in dispute. The cost of the work is also not in dispute. Some technical disputes have, however, been raised such as lapse of the resolution passed by the Gram Panchayat, authority of the Naib Tahsildar and the like. 3. To decide the larger question and to issue appropriate directions on the aforesaid summary recommendations, we have asked learned Additional Solicitor General whether the Central Government has taken any decision and issued orders for the effective implementation of various schemes. Here we are concerned with Sampoorn Grameen Rozgar Yojana (SGRY). The schemes are to be properly implemented, amounts properly released and spent. We have also asked the learned counsel as to how the Scheme in question is working in other States, in particular, Andhra Pradesh so that keeping the entire background into consideration, appropriate directions can be issued. Mr Parasaran, learned ASG prays for time to obtain instructions and place on record the appropriate material in the form of an affidavit. Let that be done within three weeks. 4. Pending consideration of the aforesaid larger question, we see no reason as to why the payment of Rs 88,996 to the labourers should be further delayed, particularly when the construction of the dam and its appropriate cost is not in dispute. In this view, without prejudice to the rights and contentions of the parties and without it being treated as a precedent, we direct the State of Madhya Pradesh to release to Jagrat Adiwasi Dalit Sanghathan the aforesaid amount, for the said Sanghathan in turn to pay the same to the labourers concerned on obtaining receipts from them. In this view, without prejudice to the rights and contentions of the parties and without it being treated as a precedent, we direct the State of Madhya Pradesh to release to Jagrat Adiwasi Dalit Sanghathan the aforesaid amount, for the said Sanghathan in turn to pay the same to the labourers concerned on obtaining receipts from them. The receipts so obtained shall be given by the Sanghathan to the appropriate officer of the State Government. The State Government is granted two weeks time to make payment to the Sanghathan and within two weeks thereafter the Sanghathan will provide the receipts to the State Government. Midday Meal Scheme 5. In the order dated 28-11-2001, directions were issued for supply of prepared midday meal in implementation of Midday Meal Scheme by directing that cooked meal in all government and government-aided primary schools shall be supplied within three months and in the remaining schools within three months thereafter. That order should have been implemented by May 2002. In the order dated 20-4-2004, noticing that despite lapse of nearly 3-1/2 years, the order dated 28-11-2001 was not being fully implemented in all States and Union Territories and, expressing anguish, further directions for supply of cooked midday meal were issued directing that those States which have not implemented the order of 28-11-2001 shall implement it immediately and, in any case, not later than 1-9-2004. The reports filed by the Commissioners show that in many of the States either there is no implementation or it is insignificant. For example, there is no implementation in the States of Manipur, Nagaland, U.P. and Assam, as per the fifth report of the Commissioners filed in August 2004. There has been some progress thereafter inasmuch as there was partial implementation in the States of U.P. and Assam. In the State of Himachal Pradesh, till August 2004, the coverage was only 3.1 %, in Assam, there is partial implementation of 18% whereas in Jharkhand, it is 15% and in Bihar 24%. One of the difficulties put forth in providing cooked meal is the cost involved therein. In the State of Himachal Pradesh, till August 2004, the coverage was only 3.1 %, in Assam, there is partial implementation of 18% whereas in Jharkhand, it is 15% and in Bihar 24%. One of the difficulties put forth in providing cooked meal is the cost involved therein. Now, the Government of India, in terms of its letter dated 6-10-2004 sent to the Chief Secretaries of all the States and Union Territories of Andaman and Nicobar, Pondicherry and Delhi, Adviser to the Administrator of UT of Chandigarh and Administrators of UTs of Daman and Diu, Dadra and Nagar Haveli and Lakshadweep, has informed all concerned that the Central Government has taken a decision to augment Central assistance under Midday Meal Scheme by providing at the rate of Re 1 per child per school day to meet cooking cost as from 1-9-2004. The letter also refers to further assistance such as increasing transport subsidy. In this view, at present, without going into the past nonimplementation, we see no reason why Midday Meal Scheme, read with the directions issued in the order dated 28-11-2001 for supply of cooked meal, shall not be implemented forthwith in letter and spirit. 6. The letter dated 6-10-2004 further postulates that actual release of Central assistance to the States for meeting cooking cost would take place soon after the Central Governments first supplementary budget is passed by Parliament in the winter session and the necessary Appropriation Act comes into force. It further states that once this happens, the assistance to meet cooking cost will be provided retrospectively with effect from 1-9-2004. 7. The aforesaid letter further stipulates that detailed guidelines of the f revised Midday Meal Programme will be issued in the next few weeks which will, inter alia, also lay down the procedure for claiming Central assistance to meet cooking cost. It further requests the State Governments and Union Territories that in the light of the firm commitment conveyed under the letter, the Governments shall immediately take all necessary steps, using available resources to universalise the cooked meal programme in all schools and EGS g and AlE Centres for children studying in Classes I-V. 8. It further requests the State Governments and Union Territories that in the light of the firm commitment conveyed under the letter, the Governments shall immediately take all necessary steps, using available resources to universalise the cooked meal programme in all schools and EGS g and AlE Centres for children studying in Classes I-V. 8. In view of the aforesaid, we direct that every child eligible for cooked meal under Midday Meal Scheme in all States and Union Territories, shall be provided with the said meal immediately and, in any case, not later than the month of January 2005. Affidavits shall be filed by the Chief Secretaries by 16-12-2004 placing on record necessary steps taken to implement this order. h Further affidavits shall be filed by the second week of January 2005 detailing the full implementation of direction of supply of cooked meal to all eligible children. 9. The responsibility to monitor the implementation of the Scheme essentially lies with the Central Government as it is the Central Government which is providing assistance. The letter dated 6-10-2004 gives some indication that revised guidelines are being prepared for the purpose of management, monitoring and evaluation of the programme. We direct the Central Government to file, within four weeks, an affidavit stating how it proposes to manage, monitor or evaluate Midday Meal Scheme so that the benefit under the Scheme reaches those for whom it is meant. We make it clear that it would not be open to the State Governments/Union Territories to delay the implementation of the Scheme beyond January 2005 on the ground that the necessary assistance has not been released by the Central Government. The Scheme should be implemented forthwith and cooking costs can be claimed from the Central Government in terms of letter dated 6-10-2004 which, in fact, requires those Governments to use available resources and recover it later from the Central Government. Antyodaya Anna Y ojana 10. This Scheme is meant for the poorest of the poor. A person entitled to the benefit under this Scheme is issued a red card. The holder of the red card d is entitled to obtain grain and rice from the dealer of public distribution system (PDS) at a highly subsidised rate which at present is rupees two per kilogram for wheat and rupees three per kilogram for rice. 11. A person entitled to the benefit under this Scheme is issued a red card. The holder of the red card d is entitled to obtain grain and rice from the dealer of public distribution system (PDS) at a highly subsidised rate which at present is rupees two per kilogram for wheat and rupees three per kilogram for rice. 11. First of all, it is of utmost importance that those who have already been issued a red card shall straightaway be supplied the rice and grain as per their entitlement. It is also important that those falling under this category should be immediately identified. Special attention is required to be given to primitive tribal groups, which we are told, are at large in Maharashtra, West Bengal, Jharkhand and Madhya Pradesh, which are still to be identified in large numbers, card issued and grains supplied. We direct all the State Governments to complete the process of identification of persons falling under this Scheme and issue them the red card by the end of the year so that immediately thereafter supply of foodgrains to them may commence. 12. For supply of the foodgrains to red-card holders, we are told, that no commission is being paid to the dealer. Mr Parasaran, learned ASG states that guidelines are being framed in that regard. The Central Government shall file an affidavit within eight weeks placing on record those guidelines. The object is that the red-card holders should not be made to pay, directly or indirectly, any amount other than what they are liable to pay for the supply taken. 13. To be taken up on 18-11-2004.