Dismissed

Gulli Devi Wife of Shri Prahlad Prajapat v. State of Rajasthan

Rajasthan HC20 Nov 2018CW/25599/2018

Case brief

AI extract

What is this about?

This bench disposed of a writ petition filed by a petitioner claiming compensation for sterilization failure. The court directed the petitioner to file a representation before the State Government claiming benefit under the Central Government Circular dated 06.07.2006.

What did the court decide?

Petitioner directed to file representation to State Government for compensation; State authority to decide within six weeks.

Gulli Devi Wife of Shri Prahlad Prajapat… — Pension and Retirement Benefits | Rajasthan HC (2018)

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‘HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 25599/2018

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Gulli Devi Wife Of Shri Prahlad Prajapat, Aged About 38 Years, By Caste Prajapat, Resident Of Sarundla, Achalpura, Tehsil Sikrai, District Dausa (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary Department Of Medical Health And Family Welfare, Govt. Of Rajasthan, Jaipur (Raj.).

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District Collector, District Dausa (Raj.)

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Director (Family Welfare), Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

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Senior Medical Officer, Division Primary Health Centre Manpur, District Dausa (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Anil Sharma on behalf of Mr. Jitendra Pandey

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For Respondent(s) :

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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20/11/2018

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The instant writ petition has been filed by the petitioner, for seeking a direction to award suitable and reasonable compensation to the petitioner as per circular issued by the Government dated 06.07.2006.

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The petitioner has pleaded that she had decided to undergo for sterilization on 27.11.2002 and in-spite of such procedure, she gave birth to female child on 05.09.2005.

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Counsel for the petitioner submitted that Co-ordinate Bench of this Court in the case of S. B. Civil Writ Petition No.

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(2 of 4)

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[CW-25599/2018]

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933/2013(Raghuveer Saini Versus State of Rajasthan and Others) decided on 29.01.2013 and further in the case of S. B.

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Civil Writ Petition No.1090/2014(Santosh Tamoli Versus

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The Secretary & Ors) decided on 10.02.2014 has permitted the petitioner to make a representation before the State Government for award of benefit, as per circular issued on 06.07.2006.

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The order passed in the case of Raghuveer Saini Versus State of Rajasthan & Others (supra) is reproduced hereunder:-

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“A Coordinate Bench of this Court, while deciding S.B. Civil Writ Petition No.2609/2008– Smt. Sita Vs. State of Rajasthan and Others under order dated 01.04.2008, has considered the Circular dated 6th July, 2006 of the Government of India. The relevant Circular has been quoted in the said order, which is reproduced as under:-

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“The package provided under the Family Planning Insurance Scheme is as follows:- Section I: a) Death due to sterilization in hospital Rs.1,00,000/-. b) Death due to sterilization within 30 days Rs.30,000/- 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 operation (within 60 days of operations) Rs.20,000/-. To be reimbursed on the basis of actual expenditure incurred, not exceeding Rs.20,000/-. U/s.1 of circular dated 6th July, 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.”

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The prayer of the learned counsel for the petitioner is allowed.

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The writ petition is accordingly disposed of with liberty to the petitioner to file a representation/claim-petition before the appropriate authority of the State Government for award of compensation in accordance with the Circular of the Central Government, as quoted above. It is directed that in case a

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(3 of 4)

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[CW-25599/2018]

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representation/claim-petition is filed by the petitioner within a period of one month from today then the concerned authority shall decide the same in accordance with the law and the Circular of the Government of India dated 6th July, 2006, and pass necessary orders awarding compensation within a period of three months from filing thereof.

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It will be open for the petitioner to challenge the order of the said authority if he feels aggrieved with the same. Costs is made easy. “

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The order passed in the case of Santosh Tamoli Versus The Secretary & Ors. (Supra) is reproduced hereunder.

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“In view of the above, the petitioner is directed to make a representation to the State Government for award of benefit as per circular, which was initially issued on 6.07.2006 followed by other circulars from time to time. On submission of the representation, the respondent-State Government will consider and decide it within a period of two months from the date of receipt of certified copy of this order as well as representation. They will appropriately grant compensation to the eligible petitioner as per circular operating at the time of sterilization. If the petitioner is found entitled for the compensation then it would be granted in her favour within fifteen days after completion of exercise directed above”

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Learned counsel for the petitioner submitted that permission

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may be granted to withdraw the writ petition with liberty to the petitioner to file a representation claiming the compensation before the Appropriate Authority of the State Government, as per circular dated 06.07.2006.

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The present writ petition is disposed of, with a direction to the petitioner to file a representation before the State Government for award of benefit, as per circular issued from time to time.

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(4 of 4)

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[CW-25599/2018]

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The State Government after receiving the representation will

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decide the same expeditiously, but in no case later than six weeks from the date of receipt of certified copy of this order as well as representation.

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It is made clear that in case, if the petitioner is found entitled for the compensation, the same would be granted in her favour within fifteen days after completion of the aforesaid exercise.

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The Writ Petition stands disposed of, accordingly.

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(ASHOK KUMAR GAUR),J

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Gourav/14

Gulli Devi Wife of Shri Prahlad Prajapat v. State of Rajasthan

Case brief

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Gulli Devi Wife of Shri Prahlad Prajapat v. State of Rajasthan

Case brief

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