Orissa High Court
Smt. Sailabala Sahoo vs State Of Odisha & Ors on 23 October, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
O.J.C No.820 of 2001
Smt. Sailabala Sahoo .... Petitioner
Mr. S.K. Purohit, Advocate
-versus-
State of Odisha & Ors.
.... Opposite Parties
Mr. S.P. Das, ASC
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order No. 23.10.2025
06. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. Petitioner has filed the present Writ Petition inter
alia with the following prayer:-
"It is therefore prayed that your Lordships may be
graciously pleased to admit this case, issue notice on
the opp. parties asking them to show cause as to why
the petitioner shall not be compensated adequately and
on hearing both the sides, if the opp. paries do not show
any reason or show insufficient reasons, issue a writ of
appropriate nature directing the opp. parties to pay a
compensation amount of 2,00,000/- or in the alternative
the State Govt. may be directed to bear the total cost of
pre and post-delivery expenditures, cost of living
including food and clothing, education and marriage,
expenditure (if girl child is born) etc;
And allow this writ application with cost:
And pass any such other order/orders as this Hon'ble
Court deem fit and proper;
// 2 //
And for this act of kindness, the petitioner shall, as in
duty bound, ever pray.
4. It is contended that even though sterilization
operation of the Petitioner was held on 25.09.1996 and
accordingly the green card was issued in his favour
under Annexure-1, but subsequently Petitioner not
only conceived but also gave birth to a female child in
the year 2001.
4.1. It is accordingly contended that in view of failure
of the sterilization operation since Petitioner gave birth
to a female child in the year 2001, Petitioner is eligible
and entitled to get the benefit of compensation in terms
of the scheme floated by the Department in the year
2013.
4.2. It is contended that as per the Scheme though
Petitioner is earlier entitled to get compensation
amount of Rs.30,000/- for such failure of the
sterilization operation, but the same has now been
enhanced to Rs.60,000/- in the meantime.
4.3. It is accordingly contended that Petitioner is
entitled to get the compensation amount of
Rs.60,000/- from Opposite Party No.2 along with the
compensation for her suffering.
4.4. In support of his submission, reliance was placed
to a decision of this Court reported in the case of
Shriya Chhanchan vs. State of Odisha & Ors.
// 3 //
reported in 2022(II) ILR-CUT-380 and another of the
reported decision of this Court in W.P.(C) No.14586 of
2013 decided on 19.04.2024. This Court in Para-6 of
the judgment dtd.19.04.2024 and Para-7 of the
reported decision has held as follows:-
"6. In view of the aforesaid and considering the
peculiar facts and circumstances of the instant case,
this Court is of the opinion that contention of the
petitioner has no foundation in law. However,
considering the poor economic status of the petitioner
and the concession given by the Opp. Parties, this
Court deems it apposite to grant Rs.30,000/- in favour
of the petitioner as compensation. Accordingly, the
Opp. Parties/ State is directed to pay the said amount
to the petitioner within a period of two months from the
date of presentation of this order before the appropriate
authority. Accordingly, this Writ Petition is disposed
of."
xxx xxx xxx
"7. It appears, the sterilization operation resulted in
failure to prevent the pregnancy indemnity of
Rs.30,000/-.Petitioner will also get cost of Rs.20,000/-.
The compensation and cost are to be paid within three
week of communication. Court expects, the money will
be spent by petitioner for benefit of the child".
4.5. It is accordingly contended that Writ Petition be
disposed of by directing Opposite Party No.2 to release
the compensation amount of Rs.60,000/-, which has
been enhanced in the meantime from Rs.30,000/-
along with the compensation as will be determined by
this Court.
5. Learned Addl. Standing Counsel for the State also
fairly contended that as per the Scheme, Petitioner is
eligible and entitled to get the benefit of compensation
// 4 //
of Rs.30,000/- and if the same has been enhanced to
Rs.60,000/- as contended by the learned counsel
appearing for the Petitioner, appropriate order can be
passed.
6. Having heard learned counsel appearing for the
Parties, considering the submissions made and the
undisputed fact that Petitioner gave birth to a female
child in the year 2001, on the face of the sterilization
operation done on 25.09.1996, placing reliance on the
decisions of this Court as cited (supra) and the
compensation payable under the Scheme, this Court
held the Petitioner entitled to get compensation of
Rs.60,000/- along with cost of Rs.20,000/-. This Court
directs Opposite Party No.2 to release the
compensation amount along with the cost as
determined within a period of six (6) weeks from the
date of receipt of this order.
7. Accordingly, the Writ Petition stands disposed of.
(Biraja Prasanna Satapathy)
Judge
Subrat
Location: HIGH COURT OF ORISSA, CUTTACK
