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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 1667 of 2022

• Shanti Shriwas W/o Prabhakar Shriwas, aged About 28 Years R/o Village

Rahangi, Chakarbhata, District - Bilaspur Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh, Through The Secretary, Department of Health and

Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur,

District Raipur Chhattisgarh

2. Collector Bilaspur, District Bilaspur Chhattisgarh.

3. Chief Medical And Health Officer, Bilaspur, District Bilaspur, Chhattisgarh.

4. Medical Superintendent Chhattisgarh Institute of Medical Sciences (Cims),

Bilaspur , District Bilaspur Chhattisgarh.

---Respondents

For Petitioner

: Ms. Rajni Soren, Mr. Jitendra Kumar Sonwani and Ms.

Chandani, Advocate

For State

: Mr. Rahul Jha, G.A.

S.B.-Hon'ble Shri Justice Rajendra Chandra Singh Samant

Order on Board

07.04.2022

Heard on petition.

1.

It is submits that the petitioner had undergone the operation of tubectomy on

13.10.2018 regarding which she was issued a certificate i.e. Annexure-P/1.

Subsequent to that, the petitioner has again conceived, which shows that the

tubectomy procedure has failed. The pregnancy was confirmed by the USG dated

18.04.2021, vide Annexure-P/2 and that the petitioner had to go for termination of

pregnancy regarding which the document is Annexure-P/3.

2.

The petitioner has filed her representation before the Respondents No. 03 and

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04 praying for compensation as per the Family Planning Indemnity Scheme, but the

same is pending without consideration.

3.

The State counsel representing all the Respondents opposes the submissions

and submits that the petitioner has gone through the investigation and termination of

pregnancy procedures, in the private hospitals which will be required tobe verified.

4.

After considering on the submissions the petition is disposed of. The petitioner

is granted liberty to file a fresh representation within time limit of 15 days and on filing

of such representation, Respondents No. 3 and 4 will verify the claims of the

petitioner and subsequent to that take decision on her representation in accordance

with the Family Planning Indemnity Scheme of the Government of India, within a time

limit of 45 days.

5.

With the aforesaid observation(s)/direction(s), this petition stands disposed of.

6.

Certified copy as per rules.

-Sd/-

(Rajendra Chandra Singh Samant)

Judge

vaishali