. 7¢§%$§.& wag? Q é IN THE HIGH COURT OF CHHATTISGARH ??v€w“‘ a 3" ..... g ,_ ’ A'r. musnin 2‘/0 m” - w. P. (camc. X8} OF zoos I n PETITIONERS: X, (1) Ku. Reman Rathore, aged 6 years, daughter of Shri Ravi Shankar Rathore, ‘ /(2) Ku. Reema Rathore, aged 5 years, daughter of Shri Ravi Shankar Rathore, (3) Rahul Rathore, aged 3 years, son of Shri Ravi Shankar Rathore, A11 are minors, through the local guardiah’Shri Shiv Shankar Rathore, aged 38 years, son of Shri Ram ’ Bahorik Rathore, resident of village Bhadora, tahsil Masturi, and district Bilaspur (Chhattisgarh). VERSUS RESPONDENTS: (1) State of Chhattisgarh, through the Secretary, department of Health, D. K. S. Building, Raipur (C.G.) / (2) ChiefMedical Officer, Bilaspur (Chhattisgarh) (3) Block Medical Officer, C‘. H. C. Masturi, district Bilaspur (Chhattisgarh) (4) District Superintendent ofPolice, Bilaspur, (C.G.) (5) Station House Officer, Police Station Masturi, district Bilaspur (Chhattisgarh): ’ ‘ / f HIGH COURT OF CHHATIISGARH : BlLASPlE WRIT PETITION {CL} NO.5587 OF 2008 (Writ Petition under Article 226 of the Constitution of lndia) Single Bench : Hon’bie Shri Satish K. Agnihotri, J. Present :- Shri Somnath Verma, Advocate for the petitioners. Shri M.P.S.Bhatia, Dy. Govt. Advocate for the State/ respondents ORDER (ORAL) (Passed on this 19‘“ day of Juiy, 2010) Grievance of the petitioners is that the mother of the petitioners namely; Smt. Madhuri Rathore was admitted for her family planning. After administration of sterilization injection, she died in the operation table itself. Thus, this petition for a direction to the respondents No. 4 & 5 to investigate the incident and submit charge sheet. Further the petitioners sought a relief that they may be granted compensation under the scheme of family welfare'insurance scheme. Shri Bhatia, learned counsel appearing for the respondents submits that on the basis of post mortem report, an FIR was lodged being report No. 62/2008 dated 27/2/2008. The accused namely Dr. M.K.Ra‘i and Ku. P. Saloman were arrested and released on bail. The investigation has been completed and charge sheet has also been filed before the competent Court. The departmental proceeding has also been initiated against the delinquent officers. In view of the written submission, learned counsel appearing for the respondent State submits that the reliefs as ’sought for in prayer clause 10.1, 10.2, 10.4 & 10.5 stand satisfied. \ PETITIONERS Ku. Reman Versus RESPONDENTS State of Chhattisgarh & Others 4. So far as prayer clause 10.3 is concerned, though according to the learned counsel for the State, the same has been considered and the petitioner is not entitled for grant of any compensation under the scheme of famiiy welfare insurance plan on the ground of the fact that death took place prior to operation. it appears that the submission of the counsel for the respondents is contradictory as in the preceding para, it has been stated by the counsel for respondents that FIR has been lodged and charge sheet has also been filed before the competent Court. Thus, liberty is reserved to the petitioner to make representation to the concerned authority, who in turn would examine the representation properly and pass appropriate order in accordance with law under the Family Welfare lnsurancePlan within ' a period of four weeks from the date of receipt of copy of this order. 5. Accordingly, the writ petition is disposed of. / x §atish K. Sdl Judge A‘gn'motri Xx? \