Madhya Pradesh High Court
Smt.Rajbai vs The State Of Madhya Pradesh on 7 January, 2019
1 WP-29369-2018
The High Court Of Madhya Pradesh
WP-29369-2018
(SMT.RAJBAI Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 07-01-2019
None for the petitioner.
Shri G.S.Chauhan, Govt. Advocate for respondents/State.
Grievance of the petitioner in the present petition filed under Article 226 of the Constitution of India is for non-grant of compensation for failed sterilization operation which the petitioner claims to have undergone on 07.02.2012.
Representation in that regard has been submitted by the petitioner vide Annexure P-1 dated 17.12.2018 but to no avail.
The petitioner by document no.16/2019 filed on 02.01.2019 has brought on record the relevant scheme where the applicability clause reads thus:-
Claims arising out of cases of sterilization operations which were detected and reported after 1st April, 2013 will come under the purview of State Programme Implementation Plans (PIPs). Claims arising out of cases of sterilization operations detected and reported before 1st April, 2013 will not come under the purview of State Programme Implementation Plans (PIPs). Such claims would be covered as per the respective guidelines of expired policies from 29th November 2005 to 31st March, 2013.
From the aforesaid, it appears that the said scheme does not cover cases of sterilization operation detected and reported before 01.04.2013. The case of petitioner seems to be covered by guidelines of expired policies from 29th November, 2005 to 31st March, 2013.
The petitioner is free to make a fresh representation under the aforesaid expired policies before the appropriate authority which if made within a period of one month alongwith the copy of this order, shall be decided in accordance with relevant policies, if the same are still operational.
Let the aforesaid exercise be completed within 2 months by passing a speaking order.
Accordingly, petition is disposed of.
2 WP-29369-2018 (SHEEL NAGU) JUDGE Ashish* ASHISH CHOURASIYA 2019.01.08 14:39:47 +05'30'