NIRMALA KUMARI LAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner assails the memorandum of the Finance Department, Government of Orissa, fixing a cut off date 19-10-83 for eligibility to grant a Green Card and the benefits and incentives thereunder. Prayer is made for quashing Clause (j) of annexure 4 of the memorandum and for a direction to issue a Green Card in her favour.

(2.) The petitioner's case is that she is serving as a Sister Tutor in the A. R. M. training centre. Phulbani since 1-3-85 and married to one Jugal Kishore Barik on 28-12-74, who is serving as a P. E. T. in Government High School, Rampatuli in the district of Phulbani. It is the case of the petitioner that out of their wed-lock they have two issues, a daughter born in 14-6-76 and a son on 27-7-78 and after the second issue, she being aware of the population growth and in order to have a small family of their own for upliftment of their economical development and having known the family planning welfare adopted by the Government of India, she had undergone tubectomy operation on 21-1-80 at the district headquarters hospital, Phulbani. It is stated that the Government of India in new 20 Point Programme emphasized on a planned family and family planning has been accepted as National Programme for last four decades and for popular acceptance of such planned family Government offered several incentives as a motivational measures and on such line, the State Government has also formulated the policy vide Government notification dated 19-10-83, a copy whereof is Annexure 1 giving certain incentive to parents at the age group of 15 to 48, having two children or less and who would to for terminal methods i.e. tubectomy/vesectomy would be given a green card and as a distinct group the said Green Card holders will be entitled to several benefits as contemplated therein. It is the petitioner's claim that she having fulfilled all the criteria in terms of Annexure 1 made an application on 5-10-95 to opposite party no. 3 for issuance of necessary green card in her favour for availing the benefits provided by the Government. But however opposite party no. 3 declined to issue the same on the ground that the petitioner is not eligible for such a green card, she having adopted family Planning prior to the notification. A copy of the order of the refusal has been annexed as Annesure 3. The opposite parties have filed a counter affidavit controverting the claim of the petitioner. The learned Addl. Government Advocate appearing on their behalf rely on the documents annexed to the writ application to repell the petitioner's claim.

(3.) Heard shri Bibekananda Bhuyan, learned counsel for the petitioner and Sri Jairaj Behera, learned additional Government Advocate for the opposite parties. It is the contention of Shri Bhuyan that in view of the Government decision dated 19-10-83 in annexure 1 that parents in the age group of 15 to 48 having two children or less, who will go for terminal methods i. e. tubectomy/ vacectomy would be given a Green Card and the Green Card holders as a distinct group would be entitled to the benefits enumerated therein and the petitioner having undergone tubectomy operation after the birth of the second child, she was entitled to a Green Card but for no reason and on a misconception of the Government decision, the Chief District Medical Officer, Kandhamal, Phulbani rejected the application of the petitioner dated 2-10-95 on the ground that she was not eligible for the Green Card. The learned counsel referring to Clause 4 of the Government decision dated 19-11-83 in Annexure 1 contends that in view of the Government decision dated 19-1083, the Office Memorandum dated 4th June, 1985 of the Government of Orissa in Finance Department, copy whereof is Annexture 4, in particular, Clause J of para 3 was illegal, arbitrary and discriminatory. It is his submission that the clause-J of paragraph 3 stipulating that the benefits of incentive allowance would be sanctioned from the first day of the month following the sterilisation after 19-10-83 of the Health and Family Welfare Department, Orissa, was illegal and arbitrary.