IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5865/2004 Shri Rameshwar Prasad Jangid S/o Shri Jhootha Ram and Another Versus The Secretary to the Government, Medical & Health Department, Rajasthan, Jaipur and Others Date of Order ::: 15.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sukh Ram Jatav, Counsel for petitioners Shri M.C. Gupta, Addl. Govt. Counsel for respondents #### By the Court:- Heard learned counsel for the parties. Learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file a representation/ claim-petition before the competent authority in accordance with the Circular dated 6th July, 2006 issued by the Government of India for awarding compensation in the present matter. The prayer made by the learned counsel for the petitioner is not opposed by the learned Additional Government Counsel also. 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.” In view of the above, the writ petition is dismissed as withdrawn with liberty to the petitioner to file a representation/ claim-petition before the appropriate authority. 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 6thg July, 2006, 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//