Sanjya Devi vs State of Rajasthan and Others

Govind Mathur, J.—Issue notice. Shri Vibhuti Bhushan Sharma, under the instructions of the Court, accepts notice. Looking to small amplitude of the issue involved, this petition for writ is finally heard and disposed of at this stage.

By this petition for writ a direction is sought by the petitioner for grant of compensation in a tune of Rs. 2.5 lacs with interest @ 18% per annum because of failure of sterilization operation.

The factual matrix necessary to be noticed is that the petitioner undergone sterilization operation on 22.2.2008 at Community Health Centre, Trauma Hospital, Dudu, District Jaipur. It is alleged that due to negligence on part of doctors the operation failed and the petitioner became pregnant and gave birth to a fifth child. For the reason aforesaid case of the petitioner was recommended by the Divisional Chief Medical Officer, Dudu, Jaipur under the document Anx. 3 dated 5.11.2008 for grant of compensation. The issue so recommended has yet not been decided by the authority competent.

From perusal of document Anx. 3 it is apparent that the Divisional Chief Medical Officer, Dudu, Jaipur after getting satisfied regarding failure of sterilization operation, that was made on 22.2.2008, recommended her case for grant of compensation. The recommendation aforesaid was made much back in the month of November, 2008 and no action is yet taken by the respondents. Looking to the facts and circumstances of the case I consider it desirable to direct the respondent No. 2 i.e. the Director, Medical Health and Family Welfare, Jaipur to consider case of the petitioner regarding grant of compensation as per Rules expeditiously.

Accordingly, this petition for writ stands disposed of with direction to the respondent No. 2 to consider case of the petitioner for grant of compensation because of failure of sterilization operation expeditiously, as far as possible within a period of six weeks from today. The Director, if is of the tentative view that the petitioner is not entitled for compensation, then before reaching at a final conclusion an opportunity of hearing should be accorded to the petitioner and an appropriate order in writing is required to be passed by taking into consideration the petitioner''s version.