Public Spirited Person Undergoing Sterilisation Can't Be Deprived Of Advance Increments Under Scheme For Family Planning: Madhya Pradesh HC
Live LawThe Indore Bench of Madhya Pradesh High Court held that if a public spirited person unselfishly gets himself/herself sterilised for family planning, such person cannot be later deprived of any benefit under a government scheme for advance increments to government servants opting for family planning. A single-judge bench of Justice Subodh Abhyankar observed, “…if a public spirited person, regardless of the fact whether he is a government servant or not, unselfishly gets himself/herself operated upon for family planning, such person cannot be deprived of the benefit of the aforesaid circular which provides for advance increments to government servants opting for family planning. This is for the reason that the ultimate object of the government is to control the birth rate and the explosion of population by resorting to family planning only, and if a person has contributed to the same cause while he/she was not in government service and subsequently joins the same, he/she is also entitled to the benefit of his/her benevolent act of helping the government in the retiral clause.” As per the factual matrix of the case, the petitioner is a Staff Nurse who was granted advance increment on the basis of a government circular with a view to promote the family planning programme, and to encourage the government servant to opt for vasectomy/tubectomy. After perusal of the aforementioned circulars, the court said, “…circular has been issued by the State Government only to promote its family planning programme, and in such circumstances, if a person who has already taken steps for the family planning by resorting to Nasbandi prior to his appointment, and is subsequently appointed in the government service, cannot be said not to promote the government's family planning programme.” The court thus, observed that even if a person had opted for sterilization for family planning while he/she was not in government service but subsequently joins the same, he/she will be entitled to the benefit under such scheme.
History of this topic
Woman Seeks Compensation for Failed Vasectomy, Allahabad HC Orders Chief Medical Officer to Take Action
News 18Discover Related
