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Judgment
Ajay Rastogi, J.—Petitioner has claimed compensation to enable her to bring up the unwanted child born to her on account of negligence of the doctor while performing sterilization operation on 7/11/2001 (Ann. 1). Counsel submits that issue raised herein is covered by judgment dt. 25/05/2007 of Co-ordinate Bench in Smt. Sita Bai vs. State (CWP-1405/2005); dt. 03/07/2007 in Smt. Pana Bai Vs. State (CWP-1094/2003) and dt. 21/11/2008 in Smt. Premwati Vs. State (CWP-2137/2007) wherein respondents were directed to decide the representation afresh given by petitioners after taking note of Circular dt. 06/07/2006 of Government of India. Relevant part of judgment (supra) in Sita Bai vs. State (supra) wherein Circular has been quoted ad infra:
Counsel has brought to the notice of this court the circular dated 6th July, 2006 which has been circulated to the State Government by Ministry of Health & Family welfare, Government of India. The relevant part whereof is ad infra:
The package provided under the Family Planning Insurance Scheme is as follows:
Section I:
a) Death due to sterilization in hospital Rs. 1,00,000/-.
b) Death due to sterilization within 30 days Rs. 30,000/- of discharge from hospital.
c) Failure of sterilization (including first instance of conception after sterilization)
Rs. 20,000/-
d) Expenses for treatment of medical complications due to sterilization operation (within 60 days of operations)
Rs. 20,000/-
To be reimbursed on the basis of actual expenditure incurred, not exceeding Rs. 20,000/-.
u/s. 1 of circular dated 6th July, 2006, there is a provision that in case of failure of sterilization (including first instance of conception after sterilization), an incumbent is entitled for Rs. 20,000/- which is to be reimbursed by State Government.
In view of the Circular dt. 06/07/2006 of the Government of India, there is no need to decide the petition on merits and this Court is of the opinion that in the light of judgment in Smt. Sita Bai vs. State (supra) the petitioner may submit representation to the State Government; and if submitted the authority may decide case of petitioner in the light of Circular dt. 06/07/2006 within three months thereafter assigning detailed reasons and communicate the decision to the petitioner, who if feels aggrieved, will be at liberty to avail of remedy under the law. Consequently, the writ petition stands disposed of.