Page No.# 1/4 GAHC010279772023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7548/2023 JUGITA ENGTIPI D/O- LATE KUL SING ENGTI, R/O- VILL.- RONGTHEANG, NEAR BISHOP HOUSE, P.O. AND P.S. DIPHU, DIST. KARBI ANGLONG, ASSAM VERSUS THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 4 ORS (APDCL) REPRESENTED BY THE CHAIRMAN, APDCL, BIJULI BHAWAN, PALTANBAZAR, GUWAHATI, DIST. KAMRUP(M), ASSAM, PIN- 781001. 2:THE MANAGING DIRECTOR ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL) BIJULI BHAWAN PALTANBAZAR GUWAHATI DIST. KAMRUP(M) ASSAM PIN- 781001. 3:THE CHIEF GENERAL MANAGER (D AND S) APDCL (CAR) BIJULI BHAWAN PALTANBAZAR GUWAHATI DIST. KAMRUP(M) ASSAM PIN- 781001. 4:THE CHIEF EXECUTIVE OFFICER KACH ELECTRICAL CIRCLE APDCL (CAR) DIPHU DIST. KARBI ANGLONG ASSAM 5:THE DEPUTY COMMISSIONER KARBI ANGLONG Page No.# 2/4 DIST. DIPHU ASSA Advocate for the Petitioner : MR. R SARMA, MS. S D SAIKIA Advocate for the Respondent : SC, APDCL, BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 09.05.2025. Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. B. Das, learned standing counsel for the Assam Power Distribution Company Ltd. (in short ‘the APDCL’) appearing for respondent Nos.1—4 and Ms. M. Bhattacharjee, learned State Counsel for respondent No.5. 2. By filling this writ petition, the petitioner has sought for a direction for appointment on compassionate ground on account of death of her father Late Kul Sing Engti, who died in harness on 22.11.2019. 3. The late father of the petitioner, namely, Kul Sing Engti was working as an Electrician-II, in the APDCL, who died in harness on 22.11.2019. The petitioner applied for compassionate appointment on 22.01.2020. However, same has not been considered. 4. Mr. R. Sarma, learned counsel for the petitioner, while referring to the Office Memorandum dated 09.09.1983 submits that since the father of the Page No.# 3/4 petitioner has died in harness, who was working as Electrician-II, in the APDCL, the petitioner is entitled to be appointed in Grade-III or Grade-IV post, on compassionate ground. The non-consideration of the petitioner for appointment on compassionate ground by the respondent authorities, has deprived the petitioner of her right of appointment as per the policy of the State and virtually led the family of the petitioner in penury. Therefore, he submits that the respondent authorities, particularly, the APDCL authorities may be directed to appoint the petitioner on compassionate ground on account of the death of her father. 5. Mr. B. Das, learned standing counsel for the APDCL submits that in supersession of the earlier policy/scheme, the APDCL has the scheme, namely, scheme for compassionate family pension in lieu of compassionate appointment, which has been notified vide Notification dated 08.08.2019. Since the father of the petitioner had died on 22.11.2019, the case of the petitioner would be covered by the above notification and is entitled only for compassionate family pension in lieu of compassionate appointment. Therefore, he submits that the present writ petition is liable to be dismissed. 6. Having considered that the APDCL has no longer any policy/scheme for appointment on compassionate ground, rather having a scheme of compassionate family pension in lieu of compassionate appointment, I am of the considered view that the relief as prayed for by the petitioner in this writ proceeding for appointment on compassionate ground cannot be granted. Accordingly, the writ petition stands dismissed. 7. However, it is provided that the petitioner shall be provided with Page No.# 4/4 compassionate family pension in lieu of compassionate appointment, in accordance with the Notification dated 08.08.2019, if not already provided, within a period of three (3) months, from today. 8. The writ petition stands disposed of. JUDGE Comparing Assistant