- (1.)THE wife of the appellant, by name Chitra, underwent sterilisation operation at the Family Planning Centre i. e. , the 4th respondent on 29. 1. 2001 and she was discharged on 30. 1. 2001. Unfortunately, due to improper operation, she died on 01. 2. 2001.
(2.)IT appears that respondents 1 and 2 have formulated a Scheme in association with the fifth respondent, whereby, in cases of death due to sterilisation, if death occurs in the hospital or within 30 days due to consequences of the sterilisation after being re-admitted, then the fifth respondent is liable to pay Rs. 2 lakhs and respondents 1 and 2 are liable to pay Rs. 25,000/- as ex-gratia compensation. The Scheme came into force with effect from 01. 2. 2001. The appellant filed the writ petition with the grievance that by the order impugned in the writ petition, only a sum of Rs. 25,000/- was granted towards ex-gratia, while rejecting the claim of Rs. 2 lakhs towards compensation, to which according to the appellant he is entitled. The learned single Judge dismissed the writ petition principally on the ground that as per the Government Order in G. O. (Ms.) No. 30, Health and Family Welfare (R1) Department, dated 01. 2. 2001, any person who undergoes sterilisation operation after 01. 2. 2001, but dies within 30 days after such operation in her house, is entitled to only Rs. 25,000/-, whereas, any person who has undergone such operation and dies within 30 days after such operation in hospital on her re-admission, is entitled to Rs. 2 lakhs and since the petitioner''s wife underwent operation on 29. 1. 2001, i. e. before the said G. O. came into force, the petitioner is entitled to only Rs. 25,000/- and not Rs. 2 lakhs.
(3.)WE have heard the learned counsel appearing for the appellant and the learned Government Pleader appearing for the respondents.