B. CIVIL WRIT PETITION No. 2742 of 2006 · Rajasthan High Court

Hon'ble Mr. Justice R. S. Chauhan Mr. K.C. Sharma, for the petitioner. Ms. Parinitoo Jain, Dy. GA for the State. BY THE COURT: Instant writ petition has been filed by the petitioner claiming compensation on account of failure of sterilization operation upon her.

The contention of petitioner is that her husband is poor person and they already had four issues. Therefore, they were not in a position to afford more issues. Hence, taking advantage of sterilization scheme, the petitioner approached the Medical Officer, Community Health Centre, Khandar District Sawai Madhopur and underwent a sterilization operation on November 7, 2005. She was assured about the success of the sterilization operation. But, even thereafter, when the condition of petitioner was not well she approached the doctor on February 16, 2006 where she was diagnosed about pregnancy of eight weeks. She was also informed that abortion cannot be done. Thereupon the petitioner served notice to respondents on March 2, 2006. Necessary documents have been placed on record, which have not been controverted by the respondents.

Learned counsel for the petitioner has brought to the notice of this Court, the Circular dated July 6, 2006, which has been circulated to the State Government, by the Ministry of Health & Family Welfare, Government of India. The relevant part whereof is as under:

The package provided under the Family Planning Insurance Scheme is as follows: Section I: a) Death due to sterilization in hospital b) Death due to sterilization within 30 days of discharge from hospital: c) Failure of sterilization (including first instance of conception after sterilization) Rs. 20,000/- d) Expenses for treatment of medical complications due to sterilization Rs. 30,000/- Rs.1,00,000/- operation (within 60 days of operations) Rs. 20,000/- To be reimbursed on the basis of actual expenditure incurred, not exceeding Rs.20,000/-.

Under sub-clause (c) of the Circular dated July 6, 2006, there is a provision that in case of failure of sterilization (including first instance of conception after sterilization), an incumbent is entitled for Rs.20,000/-, which is to be reimbursed by State Government.

Without going into merits at this stage, petitioner may now submit representation to the State Government within one month, who may examine and pass necessary orders after taking into consideration the Circular dated July 6, 2006 within three months thereafter. If, the petitioner still feels aggrieved by the decision, she will be free to avail the remedy available to her under law.

With the above observations, the writ petition stands disposed of. ( R.S. CHAUHAN ) J.