IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.1064/2004 Dwarka Bai W/o Shri Kanhaiya Lal Mali and Another Versus The State of Rajasthan and Others Date of Order ::: 17.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Lokendra Singh, Advocate, for Shri R.P. Vijay, Counsel for petitioners Shri M.C. Gupta, Addl. Govt. Counsel for respondents #### By the Court:- Learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to the petitioner to file a representation/claim-petition before the appropriate authority of the State Government to award compensation in accordance with the Circular dated 6th July, 2006 issued by the Government of India. The prayer made by the learned counsel for the petitioner is not opposed by the learned Additional Government Counsel also. A Coordinate Bench of this Court, while deciding S.B. Civil Writ Petition No.2609/2008 – Smt. Sita Vs. State of Rajasthan and Others under order dated 01.04.2008, has considered the Circular dated 6th July, 2006 of the Government of India. The relevant Circular has been quoted in the said order, which is reproduced as under:- “The package provided under the Family Planning Insurance Scheme is as follows:- Section I: a) Death due to sterilization in hospital Rs.1,00,000/-. b) Death due to sterilization within 30 days Rs.30,000/- of discharge from hospital. c) Failure of sterilization (including first instance of conception after sterilization) Rs.20,000/-. d) Expenses for treatment of medical complications due to sterilization operation (within 60 days of operations) Rs.20,000/-. To be reimbursed on the basis of actual expenditure incurred, not exceeding Rs.20,000/-. U/s.1 of circular dated 6th July, 2006, there is a provision that in case of failure of sterilization (including first instance of conception after sterilization), an incumbent is entitled for Rs.20,000/- which is to be reimbursed by State Government.” The prayer of the learned counsel for the petitioner is allowed. The writ petition is accordingly disposed of with liberty to the petitioner to file a representation/claim-petition before the appropriate authority of the State Government for award of compensation in accordance with the Circular of the Central Government, as quoted above. It is directed that in case a representation/claim-petition is filed by the petitioner within a period of one month from today then the concerned authority shall decide the same in accordance with the law and the Circular of the Government of India dated 6th July, 2006, and pass necessary orders awarding compensation within a period of three months from filing thereof. It will be open for the petitioner to challenge the order of the said authority if he feels aggrieved with the same. Costs is made easy. (Narendra Kumar Jain) J. //Jaiman//