Madhya Pradesh High Court
Smt. Akalwati vs The State Of Madhya Pradesh on 4 May, 2019
1
WP 29172/18
THE HIGH COURT OF MADHYA PRADESH
W.P.29172/18
(Smt. Akalwati Vs. State of M.P. & others)
Gwalior Dt. 4/5/2019
Shri Amin Khan, Advocate for the petitioner.
Shri Ravi Gupta, Dy. Govt. Advocate for the
respondents/State.
1. Writ jurisdiction of this Court is invoked u/Art. 226 of the Constitution seeking relief of compensation of Rs. 2 Lakh on account of failed sterilization operation by relying upon Indemnity Scheme formulated by the Govt. of India, Ministry of Health and Family Welfare in October, 2013 (vide R-1), extract of which has also been filed in petition alongwith list of documents vide document No.14/2019, dated 2/1/2019.
1.1 Reliance is placed on the coordinate bench decision of this court at Indore Bench in W.P. 3634/16 dated 5/7/2017, P/8.
2. Bare facts giving rise to the present case are that the petitioner underwent sterilization operation on 8/1/2018 at district Shivpuri as per certificate dated 26/2/2018 issued by the State vide P/2.
2.1 Pertinently, the petitioner before undergoing sterilization operation was mother of three children.
2.2 It is alleged by petitioner that after undergoing sterilization 2 WP 29172/18 operation she gained knowledge of being pregnant on 8/8/2018 and thereafter delivered fourth child on 11/9/2018. Wherafter petitioner claiming compensation for failed sterilization operation, preferred an application on 20/8/2018, P/1 to the tune of Rs. 2 Lakh.
2.3 State has filed reply assigning the reason for rejection of the claim of petitioner vide R-3 that the claim was not submitted within 90 days of the gaining knowledge of conception. 2.4 Pursuant to the framing of National Population Policy, 2000, by Govt. of India Ministry of Health & Family Welfare Department in further pursuance to the dictum laid down by Apex Court in Ramakant Rai & another vs. Union of India & others (2009)16 SCC 567 the aforesaid Scheme was formulated inter alia providing for compensation of Rs. 30,000/- for failed sterilization operation, provided the claim is submitted within 90 days of occurrence of the event of failure/death/complication. The Scheme is a complete Code in itself and governs filing, consideration and disposal of claims inter alia of failed sterilization operation.
2.5 The Scheme does not provide for any condonation of delay in preferring such claims beyond the period of 90 days of occurrence of the event of failure/death/complication. 3 WP 29172/18
3. Learned counsel for the State submits that the petitioner in all probability must have gained knowledge of the pregnancy within 4-5 months of conception which assuming would have taken place immediately after the sterilization operation. Thus knowledge of operation having failed must have been gained by petitioner latest by May-June, 2018 and therefore claim for compensation ought to have been preferred within 90 days from May-June 2018. Claim herein has been preferred on 20/8/2018.
3.1 Assuming the argument of learned counsel for the State to be true that petitioner gained knowledge of pregnancy sometime in the beginning of May, 2018, then the 90 days period beginning from 1/6/2018 would expire sometime in the beginning of August, 2018. In the instant case, the application claiming compensation was filed on 20/8/2018 which was delayed by only a fortnight which, in the considered opinion of this court, ought to have been ignored by the competent authority especially in the absence of any statutory bar. A mere Scheme which is nothing but an executive order cannot scuttle a legitimate claim owing to slight delayed raising of the same unless inordinate unexplained delay is palpable, which is not the case herein.
3.2 Consequently, this petition stands allowed and it is directed that claim of petitioner for compensation filed on 20/8/2018 for 4 WP 29172/18 failed sterilization operation be considered on it's own merits by treating the application P/1 to be filed within the prescribed period of time.
4. The aforesaid decision be taken and the claim for failed sterilization operation if due be considered and granted within an outer limit of 90 (ninety) days from the date of receipt of certified copy of this order or else reasons be communicated for denial.
5. With this direction, the petition stands allowed to the extent indicated above.
6. No cost.
(Sheel Nagu)
(Bu) Judge
Digitally signed by DHANANJAYA
BUCHAKE
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Date: 2019.05.07 13:07:28 +05'30'