SC questions govt’s move to end family planning allowance
NEWDELHI: The Central Administrative Tribunal (CAT) has agreed to examine government’s ‘unilateral’ move to withdraw a special “family planning allowance” it offered to employees who opted for sterilisation after having two or three children.
The tribunal — a quasi-judicial body to adjudicate disputes raised by Central government employees with respect to their services — asked for Centre’s response on the issue brought before it by a Delhi Police constable, Babu Lal Mitharwal, who said the allowance started in December 1979 was not a onetime or monthly payment but for the entire service.
Justice (retired) KN Srivastava’s bench issued the notice on March 16 after Mitharwal’s advocate, Gyanant Singh, said the abolition has not just put an end to the scheme for future but has also been stopped for those who complied with the terms for being entitled to the incentive. This unilateral decision to discontinue the incentive, particularly vis-àvis a person who opted for the sterilisation by undergoing a permanent alteration in his body for availing the benefit, violates the rights guaranteed to him under the Constitution.
“The applicant, who underwent vasectomy which is a permanent method of birth control, is aggrieved with the decision of the Government of India which, among other rights, violates the fundamental rights of the applicant,” read the constable’s petition.
As per the December 1979 office memorandum, the special increment is granted to the employees in the form of personal pay.
An amendment brought in July 1999 restricted the allowance to employees or spouse who underwent sterilisation after two surviving children.
But the allowance was withdrawn with effect from July 1, 2017 on the recommendation of the Central Pay Commission, which held there was no need for it as the level of awareness regarding small family had gone up. Mitharwal had joined the Delhi Police on January 21, 2003 and opted for sterilisation operation on March 1, 2011 after having two children. The last drawn family planning allowance pay in June 2017 for Mitharwal was Rs 210.