Kalawati & ANR v. Govt. Of NCT Of Delhi & ORS

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8532/2015 KALAWATI & ANR ..... Petitioners Through:

Ms Harini Raghupathy, Advocate.

versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through:

Mr Santosh Tripathi, ASC, GNCTD with Mr Rishabh Osiwal, Mr Shashank Tiwari and Mr Shivangi Singh, Advocates for R-1 with Mr Sanjeev Khirwar, Secretary, Health.

Mr Anil Soni, CGSC with Mr Abhinav Tyagi, Advocate for R-3.

Mr Kumar Rajesh Singh and ms Punam Singh, Advocate for R-5.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 01.11.2018 1.

The petitioner has filed the present petition, inter alia, praying as under:- "a) For a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the Respondents to reimburse Petitioners Rs. 10000 for any expenditure incurred in violation of the JSSK scheme.

b) For an order directing Respondent No. 2 to conduct an audit of the ANC documentation completed at the MCD Dispensary B-Block Jwala Puri (Resp. 5).

c) For an order directing the Respondents to pay a compensation of 2 lakh rupees for the trauma and pain caused

by the undignified treatment and fundamental rights violations the Petitioner suffered at SGMH.

d) For a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the Respondents to ensure safe institutional deliveries under the JSSK scheme outlined not made available to Geeta by guaranteeing that all services including transportation, blood and medicine are totally free for residents of JJ clusters and throughout out the NCT of Delhi. e) For an order directing the respondents to constitute a still born review committee consisting of medical experts and members of civil society and for the committee's findings to be published on the State Ministry of Health and Family Welfare website every four months.

f) For an order directing the Respondent no. 4 to produce reports of Grievance Redressal Mechanism (if any) at Sanjay Gandhi Memorial Hospital.

g) For a order directing the Respondents to provide immediate healthcare to Geeta in pursuance of her continuing ill health." 2.

The grievance of the petitioners relate to the treatment provided to Ms Geeta, daughter in law of petitioner no.1. According to the petitioners, she was not given appropriate treatment. Further, she was also directed to get the ultra sound done from outside agency even though facility for the same was to be provided free of cost by the concerned hospital (respondent no.4). The petitioners also seek compensation in regard to the conduct of the personnel of the hospital who are alleged to have ill-treated her. 3.

The Secretary, Department of Health and Family Welfare, Government of NCT of Delhi is present in the Court today. He states that he shall conduct an enquiry as to the allegations made in the present petition and take an informed decision with regard to the grievance articulated in this

petition. 4. It is directed that the said enquiry would be completed within a period of eight weeks from today and the result of the same would be communicated to the petitioner.

4.

In the event, petitioner no.1 (or her daughter-in-law) is aggrieved by the same, they are at liberty to apply.

5.

The petition is disposed of.

VIBHU BAKHRU, J NOVEMBER 01, 2018 MK