The Lucknow Bench of the Allahabad High Court has directed the Chief Medical Officer Sitapur, to reconsider compensation claim for failed vasectomy operation/surgery (Nasbandi).
The Division Bench of Justice Sangeeta Chandra and Justice Shree Prakash Singh passed this order while hearing a petition filed by Manju Devi.
The petition has been filed with the following prayer:-
“Issue a writ, order or direction in the nature of mandamus, directing the Opp-Parties to pay compensation for birth of fifth child of the petitioner along with 12% interest on account of failure of vasectomy operation/ surgery (Nasbandi) which was held on 26.08.2019 at Community Health Centre, Machhrehta, District Sitapur.”
It is the case of the petitioner that she had undergone a sterilization operation in the year 2019 to avoid further children, as she already had four children. However, even after undergoing the sterilization operation, she had given birth to a female child on 30.11.2021.
She filed an application under the Pariwar Niyojan Indemnity Scheme floated by the National Health Mission at Community Health Centre, Machhrehta. The application of the petitioner has not been considered, therefore, this petition has been filed with the aforesaid prayer.
Standing Counsel, on the basis of instructions dated 05.08.2024 sent by Chief Medical Officer Sitapur, has stated that initially the application/ claim of the petitioner was sent on 16.05.2023 to the Director General Family Welfare under the Pariwar Niyojan Indemnity Scheme, but there were two documents which were missing and, therefore, the claim was not allowed.
Later on, a letter was sent by the Chief Medical Officer Sitapur dated 03.08.2024 to the Superintendent of the Community Health Centre Machhrehta Sitapur to remove shortcomings that have been pointed out by the Directorate and to send the claim of the petitioner again for consideration.
The Court disposed of the petition with a direction to the Superintendent of Community Health Centre Machhrehta, Sitapur, to send the completed documents along with the claim petition to the Chief Medical Officer Sitapur within a period of three weeks from the date a certified copy of the order is produced before him. The Chief Medical Officer, Sitapur shall examine the claim and shall forward it to the Competent Authority within a period of four weeks thereafter.