Madhya Pradesh High Court
Smt. Vishan Devi vs The State Of Madhya Pradesh on 3 December, 2018
1 WP-27717-2018
The High Court Of Madhya Pradesh
WP-27717-2018
(SMT. VISHAN DEVI Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 03-12-2018
Shri Arshad Ali, learned counsel for the petitioner.
Ms. Ami Prabal, learned Government Advocate for the
respondents/State.
The petitioner claims compensation on account of failed sterilization operation which was undergone by the petitioner in 2011. Reliance is placed by the petitioner upon the Scheme which has come into effect from 01/04/2013, which in para 6(7) provides, thus:-
"7. 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 and processed as per the respective guidelines of expired policies from 29th November 2005 to 31st March, 2013 and the concerned CMO/CDMO/CMHO/CDHMO/DMO/DHO/Joint Director of the district would be responsible for unpaid/time barred claims above. No provision will be made for unpaid claims in the State PIPs. "
It seems that the case of the petitioner would be covered and 2 WP-27717-2018 processed as per respective guideline and expired policies from 29/11/2005 to 31/03/2013 and the concerned CMO/ CDMO/CMHO/ CDHMO/DMO/DHO/Joint Director of the District would be responsible for unpaid/time barred claims above.
Accordingly, the petitioner is directed to prefer a fresh representation to the Appropriate Authority claiming compensation which if made within a period of 30 days alongwith copy of this order, shall be decided by the Competent Authority in accordance with law by passing a speaking order.
Needless to emphasize that if the benefit claimed is due to the petitioner, the same would be extended or else an order assigning reasons for not doing so would be passed within an outer limited of two months.
(SHEEL NAGU) JUDGE PRINCEE BARAIYA 2018.12.04 17:17:48 -08'00' Pj'S/-