Gauhati High Court
Promila Nunia vs The Union Of India And 4 Ors on 16 September, 2022
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
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GAHC010129242017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2890/2017
PROMILA NUNIA
W/O- SRI CHANDAN NUNIA, DIDARKUSH GRANTTELE P.O- MATINAGAR,
CACHAR, ASSAM, PIN- 788099
VERSUS
THE UNION OF INDIA and 4 ORS.
REPRESENTED BY THE SECRETARY MINISTRY OF WOMEN AND CHILD
DEVELOPMENT, SHASTRI BHAWAN, NEW DELHI-110001
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY
DEPARTMENT OF SOCIAL WELFARE
GOVT OF ASSAM
ASSAM SECRETARIAT
DISPUR
GUWAHATI- 781006
ASSAM
3:THE COMMISSIONER AND SECRETARY
FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT
GOVT OF ASSAM
ASSAM SECRETARIAT
DISPUR
GUWAHATI-781006
ASSAM
4:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
HEALTH AND FAMILY WELFAREA DEPARTMENT
ASSAM SECRETARIAT
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DISPUR
GUWAHATI
ASSAM
PIN- 781006
5:THE DEPUTY COMMISSIONER
CACHAR
ASSA
Advocate for the Petitioner : MS.D GHOSH
Advocate for the Respondent : C.G.C.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
16.09.2022 Heard Ms. P Nag, learned counsel for the petitioner. Also heard Mr. RKD Choudhury, learned DSGI for the respondent No.1 being the Ministry of Women & Child Development, Government of India, Ms. M Barman, learned Junior Government Advocate for the respondents No.2, 3 and 5 being the authorities under the Social Welfare Department, Government of Assam, Food Civil Supplies and Consumer Affairs Department as well as the Deputy Commissioner, Cachar respectively and Mr. B Gogoi, learned counsel for the respondent No.4 being the authorities under the Health and Family Welfare (A) Department, Government of Assam.
2. The petitioner has produced medical documents to substantiate that she conceived for the second time, sometime in the year 2016 and gave birth to her second child on 13.01.2017. Accordingly, the petitioner claims that she was Page No.# 3/5 pregnant as well as was a lactating mother. The petitioner refers to Section 4 of the National Food Security Act, 2013 (for short, the NFSA 2013) wherein it is provided that subject to such scheme as may be framed by the Central Government, every pregnant women and lactating mother shall be entitled to meals free of charge, during pregnancy and six months after the child birth, through the local Anganwadi, so as to meet the nutritional standards specified in Schedule II, and Maternity benefit of not less than rupees six thousand, in such instalments as may be prescribed by the Central Government. Accordingly reference is made to the communication dated 27.09.2013 from the Government of India in the Ministry of Women and Child Development addressed to all the Principal Secretaries/Secretaries/Administrators dealing with Indira Gandhi Matritva Shayog Yojana (IGMSY) which is a Conditional Maternity Benefit (CMB) Scheme. As per the said communication, it was provided that in continuation of the Ministry of Women and Child Development, Government of India's letter dated 08.11.2010 and 04.04.2011 conveying approval of the Government for implementation of IGMSY, a cash incentive of Rs.4000/- would be paid to each pregnant and lactating mother. Paragraph 3 of the communication further provides that in view of the subsequent provision of Section 4 of the NFSA 2013, maternity benefits would now be provided in two installments of Rs.3000/-, the first installment of Rs.3000/- at the time of registration and the second installment of Rs.3000/- at the time when the birth of the child is registered. It is further provided that the revised benefits taking note to Section 4 of the NFSA 2013 would be applicable in 53 of the districts across India provided therein.
3. Subsequently, by another communication dated 13.11.2013, also of the Page No.# 4/5 Ministry of Women and Child Development, Government of India, the benefits were extended to all the districts across the country from the initial 53 districts. Accordingly, the petitioner claims that she having been pregnant as well as given birth to a second child was included in the category of pregnant women and lactating mother as provided in the scheme referred in the communications dated 27.09.2013 and 13.11.2013.
4. This writ petition is instituted with the grievance that the amount of Rs.6000/- in two installments which the petitioner was entitled was not given to her.
5. Considering the nature of the grievance raised as well as the requirement of having arrived at a satisfaction that the petitioner was in fact a pregnant women and also had given birth to a child in order to bring her in the category of pregnant women and or lactating mother, the petitioner to submit a representation before the Director of Social Welfare, Government of Assam establishing that she was pregnant as well as was a lactating mother. Upon the representation being submitted along with the necessary documents, the Director to pass necessary orders on the entitlement of the petitioner for the sum of Rs.6000/- as per the provisions of Section 4 of the NFSA Act of 2013 read with the two communications dated 27.09.2013 and 13.11.2013 of the Government of India in the Ministry of Women and Chief Development. The necessary order be passed within a period of 15 days from the date of receipt of the representation by the Director as indicated.
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6. The writ petition is allowed in the terms as indicated above. We are allowing the petitioner to file a representation taking note of the fact that this writ petition was filed in the year 2017 itself, when apparently the petitioner had a legal right to be paid Rs.6000/-, but the matter remained pending because of an issue as to whether the IGMSY scheme was made applicable to all the districts across the country or it remained confined to only 53 districts for which it was initially made applicable. We also provide that the provisions of this order be not made a binding precedent for all and that it was decided in the facts and circumstances of the present case.
JUDGE Comparing Assistant