Allahabad High Court
Parvati vs State Of U.P. And 5 Others on 27 April, 2022
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- WRIT - C No. - 11641 of 2022 Petitioner :- Parvati Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- C.S.C.,A.S.G.I. Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The present petition has been filed for seeking the following reliefs:-
"1. To issue a writ of mandamus be issued to the respondent no. 3, District Magistrate/Adyakhs Family Planning Indemnity Samiti, District Bareilly, be directed to provide necessary compensation Rs. 10,00,000/- for failure of sterilization under the scheme issued by Ministry of Health and Family Welfare, forthwith to the petitioner, in the interest of justice, within stipulated period as fixed by this Hon'ble Court.
2. To issue any other writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case."
According to the petitioner she had undergone sterilization operation on 08.01.2016 through laparoscopic method at Community Health Center, Bhamaura, Bareilly but the aforesaid operation has failed and she gave birth to a female child on 18.04.2019. It is admitted that due to failure of such sterilization, she was paid Rs. 30,000/- only on 01.10.2019 as per the policy of the Government dated 18.07.2014 which provides for compensation for Tubectomy and Vasectomy operation according to which Section 1(c) provides compensation of Rs. 30,000/- in case of failure of sterilization. By inviting attention to page 15 it is submitted that the aforesaid compensation was enhanced to Rs. 60,000/- in April, 2018 and therefore, lesser compensation has been paid. However, the petitioner is claiming Rs. 10 lakhs as compensation.
Learned Standing Counsel submits that the grievance of the petitioner can be considered by respondent no. 3, District Magistrate/Adyakhs Family Planning Indemnity Samiti, District Bareilly on its own merits. This Court is of the opinion that no fruitful purpose would be served by keeping this petition pending.
The learned counsel for the petitioner has drawn the attention of the Court to annexure-4 of the petition to submit that a claim has already been filed along with an affidavit.
Accordingly, the present petition stands disposed of with a direction to respondent no. 3, District Magistrate/Adyakhs Family Planning Indemnity Samiti, District Bareilly to consider the grievance of the petitioner on its own merits preferably within a period of three months from the date of production of certified copy of this order.
The authority concerned is directed to decide the same and the petitioner is also at liberty to file fresh claim in accordance with law.
Order Date :- 27.4.2022 Nisha