Maruffa Praween v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2168 of 2013 ====================================================== Maruffa Praween, Wife Of Late Md. Noseem, Resident Of Ward No. 20, Indra Nagar, N.H. 28, P.S. Chhatauni, District- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar, through the Secretary, Power & Energy Department, Government of Bihar, Patna

2. The Chairman, Bihar State Power Holding Corporation Limited, Bihar, Patna

3. The Superintending Engineer, Bihar State Power Holding Corporation Ltd., Bihar, Motihari

4. The Executive Engineer, Bihar State Power Holding Corporation Ltd., Motihari

5. The Assistant Engineer, Bihar State Power Holding Corporation Ltd., Motihari

6. The Junior Engineer, Bihar State Power Holding Corporation Ltd., Motihari

7. The Sub-Divisional Officer, Bihar State Power Holding Corporation Ltd., Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Respondent no.1 : Mr. Sanjay Prakash Verma, AC to GA-1 For the Respondent nos.2to7: Mr.Vijay Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 23-06-2015 Heard the parties.

The petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking a direction to the respondents for payment of compensation of Rs.15 lakhs to the petitioner on account of death of her young husband namely, Md. Noseem due to electrocution on 25.07.2012 and further for a direction for providing a suitable job to her. It is not in dispute that the husband of the petitioner died from electrocution on 25.07.2012 and for that she lodged an FIR vide Annexure-1 for offences under Section 304/34 I.P.C. Learned counsel appearing on behalf of the petitioner submits that the husband of the petitioner was young and because of his sudden death on account of electrocution the petitioner and her family members are in penury. Therefore, it is contended that a

Patna High Court CWJC No.2168 of 2013 (3) dt.23-06-2015 direction may be issued to the respondents for payment of Rs.15 lakhs by way of compensation and also for appointment of the petitioner on compassionate ground.

The matter has been contested by the respondents by filing counter affidavit on their behalf. Learned counsel appearing on behalf of the respondents submits that the present writ petition was filed on 30.01.2013 and during the pendency of the writ petition itself the petitioner has already been paid ex-gratia amount of Rs.2 lakhs by a cheque dated 11.12.2013. He also contented that the payment of Rs.2 lakhs to the petitioner is strictly in accordance with the circular/letter dated 02.07.2012 (Annexure-A) issued by the Bihar State Electricity Board, Patna, the predecessor body of Bihar State Power Holding Company Ltd., Patna. He further contended that there is no provision for appointment of dependents of a deceased person, having died from electrocution, on compassionate ground. According to him, in view of the payment of Rs.2 lakhs to the petitioner as ex-gratia, no further relief can be granted to her and the present matter has now become infructuous.

After having heard the parties and on consideration of the materials available on record, this Court is satisfied that the petitioner has already been paid her lawful dues/ex-gratia amount due to death of her young husband on account of electrocution. No further relief can be granted to the petitioner in the given facts of the case, and the present writ petition has, now, become infructuous.

For the reasons recorded above, the present writ petition is dismissed as infructuous.

Arvind/- (Birendra Prasad Verma, J) U