GAHC010063342025 2025:GAU-AS:15880

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1756/2025

MANASH JYOTI DEORI

SON OF LATE RAMANI KANTA DEORI, RESIDENT OF VILLAGE-SRIPANI DEURI GAON, P.O-JAM KALYAN CHARIALI, P.S-SILAPATHAR, DISTRICT-

DHEMAJI, ASSAM, PIN-787110.

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, POWER (ELECTRICITY) DEPARTMENT,

DISPUR, GUWAHATI-781006.

2:THE ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL)

REPRESENTED BY ITS MANAGING DIRECTOR

BIJULEE BHAWAN

PALTANBAZAR

GUWAHATI-781001.

3:THE CHIEF GENERAL MANAGER (HRA)

ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL)

BIJULEE BHAWAN

PALTANBAZAR

GUWAHATI-781001.

4:THE CHIEF EXECUTIVE OFFICER

NORTH LAKHIMPUR ELECTRICAL CIRCLE

ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL)

NORTH LAKHIMPUR

ASSAM

PIN- 787001.

5:THE ASSISTANT GENERAL MANAGER CHILAPATHAR ELECTRICAL DIVISION ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL)

CHILAPATHAR DHEMAJI ASSAM PIN- 787059 Advocate for the Petitioner : MR N SARMA, Advocate for the Respondent : GA, ASSAM, SC, APDCL BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 10.11.2025 Heard Mr. N. Sarma, learned counsel for the petitioner. Also heard Mr. B. Das, learned Standing Counsel, appearing for the respondent nos.2 to 5.

2. The present writ petition has been instituted by the petitioner praying for a direction upon the respondent authorities for consideration of his case for appointment on compassionate grounds, in terms of the scheme of the respondents in place at the relevant point of time.

3. As projected in the writ petition, the father of the petitioner while working as a lineman(L/M)-II, under Silapathar Electric Sub-Division, Dhemaji, had died in harness, on 19.03.2013.

It is further projected that the petitioner, within a reasonable period of time, after the demise of his father, had submitted an application for appointment on compassionate ground. The date of making such application has however not been disclosed in the writ petition. It is projected that after the death of the father of the petitioner the respondent authorities had formulated a scheme in the year 2014 for effecting appointment on Compassionate Grounds. The learned counsel for the petitioner submits that the case of the petitioner is covered by the said scheme of 2014 of the respondent authorities.

The application submitted by the petitioner, herein, was forwarded by the Chief Executive Officer, North Lakhimpur Electric Circle, APDCL, North Lakhimpur, to the Chief General Manager (HRA), APDCL, vide a communication dated 20.07.2020. It is further projected in the Writ Petition that after forwarding of the said application, no further steps have been taken by the respondent authorities for considering the case of the petitioner, herein. Accordingly, the petitioner has instituted the present writ Petition.

4. Mr. N. Sarma, learned counsel for the petitioner submits that the application submitted by the petitioner praying for appointment on compassionate grounds, having been forwarded, vide communication dated 20.07.2020, to the competent authority, non consideration of the case of the petitioner has caused inconvenience to him and his family members. It is submitted that the petitioner and his family members are not in a position to sustain themselves without any one of them being extended with an appointment on compassionate grounds.

5. Mr. B. Das, learned Standing Counsel, appearing for the respondents, submits that at the time of the death of the father of the petitioner, it was the scheme of 20.04.2005, for appointment on compassionate grounds that was holding the field. He submits that under the provisions of the Scheme of 20.04.2005, the legal heirs of a serving employee of the Board, who had died due to extremist violence or due to an accident or mishap while on duty, were only eligible for being considered for appointment on compassionate grounds. The petitione