Sudha Devi v. The Bihar State Power Holding Company Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12258 of 2016 ====================================================== Sudha Devi Wife of Late Sunil Kumar Singh, Ex-Peon, Office of Pirpainti Block, P.S.- Pirpainti, District- Bhag resident of Khankitta, P.S.- Sabour, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Managing Directors, Vidyut Bhawan, Patna.

2.

The South Bihar Distribution Company Limited, through its General Manager, Vidyut Bhawan, Patna.

3.

The Deputy General Manager cum the Superintending Engineer, Bhagalpur Supply Region, Bhagalpur.

4.

The Electrical Superintending Engineer, Electric Supply Region, Bhagalpur. 5.

The Electrical Executive Engineer, Electric Supply Division, Bhagalpur (Rural).

6.

The Junior Engineer, Electric Supply Sub-Division (Rural), Pirpainti, P.S.- Pirpainti, District- Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Mishra, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh, Advocate For Power Company :

Mr. Anand Kr. Ojha, Advocate :

Mr. Ashok Kr. Karna, Advocate :

Mr. Abhishek Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2023 At the very outset, the learned counsel for the respondent- Power Holding Company Limited seeks to file a supplementary counter affidavit, which is taken on record. The present petition has been filed seeking the following relief :- "(i) For issuance of appropriate writ/ order / direction in the nature of Mandamus Commanding the Respondents for grant of

Patna High Court CWJC No.12258 of 2016(4) dt.25-04-2023 2/3 Compensation of Rs. 27,05, 560/- (Rupees twenty Seven lacs five thousand five hundred and Sixty rupees) due to accidental death of her husband, namely Sunil Kumar Singh who died of electrocution at Pirpainti Block office, Quarter P.S Pirpainti, District Bhagalpur who was posted there as peon a government Servant at Pirpainti Block and his monthly salary was Rs. 19, 540/- and in action on the part of respondents may be declared arbitrary and untenable in law.

(ii) For issuance of appropriate writ, order/ direction commanding the Respondents to make adhoc payment of Rs. 50,000=00 to the petitioner in accordance with circular issued by the Respondents from time to time."

At the outset, the learned counsel for the respondent- Power Holding Company Limited submits that the respondent- Company has already paid compensation/ ex-gratia amount to the petitioner, who is the widow of the deceased Sunil Kumar Singh, who died on account of electrocution, amounting to a sum of Rs. 2 lacs, as per the then prevailing policy of the respondent- Company.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to dispose off the present writ petition, however, with liberty to the petitioner to avail such

Patna High Court CWJC No.12258 of 2016(4) dt.25-04-2023 3/3 other alternative remedies, as are otherwise available under the law, in case she is aggrieved with the quantum of compensation/ ex-gratia amount paid to her by the respondent- Company. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U