Madhya Pradesh High Court
Smt. Archna Jatav vs The State Of Mp on 4 December, 2019
Author: Vishal Mishra
Bench: Vishal Mishra
1 WP-26185-2019
The High Court Of Madhya Pradesh
WP-26185-2019
(SMT. ARCHNA JATAV Vs THE STATE OF MP)
Gwalior, Dated : 04-12-2019
Shri A.Khan, learned counsel for the petitioner.
Shri Alok Sharma, learned Govt. Advocate for the State.
The present petition has been filed seeking following reliefs:-
"7.1. For a writ of mandamus or any other writ, order of
direction to the Respondents to provide Rs.2 Lakhs
compensation to the Petitioner to compensate her for grave violation of her fundamental rights to life, health, dignity, and equality as well as suffering due to apathy of the respondents No.1, 2 and 3 including trauma of being forces to deliver causing great mental, emotional and physical trauma to her. 7.2. That after the failure of the sterilization petitioner gave birth to a child and, petitioner has to bear the whole responsibility of her health, schooling, marriage, etc. after the failure of the sterilization now it became the responsibility of the State to take care of the children. It is alleged by counsel for the petitioner that the petitioner has undergone on 27.02.2015 a sterilization procedure at Primary Health Center, Golpahadiya, Gwalior and thereafter her sterilization, after few months of sterilization petitioner came to know that her menstruate cycle is not getting then she went to Health Center discussed with concerning doctors and she came to know that her sterilization got failed and she is pregnant. It is further submitted that she has informed that an application was submitted before the respondent No.3-the Chief Medical and Health Officer, Gwalior on 11.01.2017 but despite of the same claim of the petitioner has not been considered and decided till date. Therefore, the present petition has been filed.
Per contra, learned Govt. Advocate for the State submits that he has relied upon the judgement passed by the Coordinate Bench of Court in W.P.No.3634/2019 decided on 05.07.2017 wherein the Court has considered the aspect which reads as under :-
2 WP-26185-2019 "Resultantly, the writ petition stands allowed with a direction to the Chief Medical and Health Officer, Shajapur to pay a sum of Rs.30,000/- to the petitioner a period of 60 days form the date of receipt of certified copy of this order.
In case, the amount is not paid within 30 days to the petitioner, the same shall carry interest @ 12.5% per annum from 24.08.2011 till the amount is actually paid to the petitioner.
Certified copy as per rules."
Learned Govt. Advocate for the State has contended that if a detailed representation along with certified copy of this order is filed by the petitioner before the respondent No.3, the same shall be dealt with expeditiously.
Considering the aforesaid facts and circumstances of the case and also the order dated 05.07.2017 in W.P.No.3634/2016, petition is disposed off with a direction to the petitioner to approach before the respondent No.3 within a period of seven working days by filing a detailed representation along with all relevant documents in support of her case and the respondent- authorities will dwell upon the representation submitted by the petitioner and shall pass a self contained speaking order within a period of two months from the date of receipt of certified copy of this order.
The petitioner is found entitled for the claim raised by her then the amount be disbursed to the petitioner within a period of one months.
It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed off with the aforesaid direction.
(VISHAL MISHRA) JUDGE AK/-
ANAND KUMAR 2019.12.05 12:31:09 +05'30'