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Madras High CourtWP(MD)/4009/2018disposed of

T.Mahalakshmi v. The Director

2024-04-04Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN T.Mahalakshmi ... Petitioner Vs.

1.The Director, Health and Family Welfare, No.359, Anna Salai, TMS Building, Chennai - 600 006.

2.The Block Medical Officer, Govt. Primary Health Centre, Uchipuli Primary Health - 316, Mandapam Block, Ramanathapuram District - 623 534.

3.The Deputy Director, Family Welfare, Mandapam - 623 518, Ramanathapuram District.

4.The District Collector, Collector Office, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the second and third respondents to issue compensation to the petitioner considering the representation dated 01.02.2018.

For Petitioner : Mr.T.Murugan Page No. 1 of 6

For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus directing the second and third respondents to provide compensation to the petitioner by considering her representation dated 01.02.2018.

2. The petitioner has undergone tubal sterilization during the month of August, 2012. However, the petitioner conceived and gave birth to a female child on 25.05.2013. Under these circumstances, the petitioner has sought for a compensation from the respondents vide a representation dated 01.02.2018.

3. This Writ Petition is opposed by the learned Special Government Pleader for the respondents on the ground that during the period in dispute, i.e. when the child was born on 25.05.2013, the Government had obtained an insurance cover from the ICICI Lombard Insurance Company for the period between 01.01.2008 and 31.03.2013. It is submitted that the petitioner should have approached the Insurance Company for Page No. 2 of 6

compensation. Instead, she has given the representation dated 01.02.2018 to the respondents belatedly and thereafter filed this Writ Petition without impleading the said Insurance Company.

4. It is submitted that with effect from 01.04.2013, the Family Planning Indemnity Scheme put in place pursuant to G.O.(Ms) No.119, Health and Family Welfare (R1) Department, dated 30.05.2013, as per which, the compensation is to be paid by the Family Welfare Department, Tamil Nadu Government. It is further submitted that since the petitioner gave birth to the child before issuance of G.O.(Ms) No.119, Health and Family Welfare (R1) Department, dated 30.05.2013, this Writ Petition is liable to be dismissed.

5.I have considered the arguments advanced by the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

6. The petitioner appears to be from economic weaker sections of the society. She has undergone tubal sterilization on 31.08.2012 as confirmed by the Sterilization Certificate issued by the second respondent Page No. 3 of 6

on 08.03.2013. The petitioner has given birth to the female child on 25.05.2013. The fact that the petitioner is entitled to a compensation under the Scheme of Government of Tamil Nadu either directly or through the Insurance Company is not in dispute. It cannot be expected for the petitioner to now approach the ICICI Lombard Insurance Company under the insurance scheme which was in force between 01.01.2008 and 31.03.2013 at this distant point of time. All the same, the Government of Tamil Nadu has now issued G.O.(Ms) No.119, Health and Family Welfare (R1) Department, dated 30.05.2013. In terms of clause 6(3)(1C) of the said G.O., a person who gave birth to a child due to the failure of sterilization is entitled for a compensation of Rs.30,000/-.This amount can be paid out of funds that are available with the Department to such person.

7. Accordingly, this Writ Petition is disposed of by directing the third respondent to release a sum of Rs.30,000/- to the petitioner, within a period of 6 weeks from the date of receipt of a copy of this order. No costs.

04.04.2024 Index : Yes / No Speaking Order/No Speaking Order JEN Page No. 4 of 6

Copy To:

1.The Director, Health and Family Welfare, No.359, Anna Salai, TMS Building, Chennai - 600 006.

2.The Block Medical Officer, Govt. Primary Health Centre, Uchipuli Primary Health - 316, Mandapam Block, Ramanathapuram District - 623 534.

3.The Deputy Director, Family Welfare, Mandapam - 623 518, Ramanathapuram District.

4.The District Collector, Collector Office, Ramanathapuram District.

Page No. 5 of 6

C.SARAVANAN , J.

JEN 04.04.2024 Page No. 6 of 6