Patna High Court - Orders
Arjun Mandal vs The State Of Bihar And Ors on 17 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.799 of 2017
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Arjun Mandal Son of late Mathur Mandal Resident of Village P.O.- Kanholi,
Via- Sakri, P.S.- Manigachhi, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Managing Director-cum-Chairman, Bihar State Power Holding
Company, Vidyut Bhawan, Patna.
3. The Managing Director, Norht Bihar Power Distribution Company Limited,
Vidyut Bhawan, Patna.
4. The Deputy General Manager, HR/Admires, NBPDCL Vidyut Bhawan,
Patna.
5. The Deputy General Manager, Electric at Supply Area, Darbhanga.
6. The Electricity Superintending Engineer, Electrical Supply Circle,
Darbhanga.
7. The Electrical Executive Engineer, Electrical Supply Division, Sakri,
Darbhanga.
8. The Electrical Assistant Engineer, Electrical Supply Sub-Division, Sakri
Rural, Darbhanga.
9. The District Magistrate, Darbhanga.
10. The Block Development Officer, Manigachhi, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
Mr. Jawed Gaffar Khan, Advocate
Mr. Arun Kumar Prasad, Advocate
For the Respondent/s : Mr. Kinkar Kumar, SC-9
Ms. Vagisha Pragya Vacaknavi, AC to SC-9
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
6 17-02-20261. There are certain admitted factual circumstances in the instant writ petition. This Court proposes to right down this judgment stating those admissions arising out of the pleadings of the parties:-
Admittedly, the petitioner was a casual labourer under the Bihar State Power Holding Company (BSPHC) which was Patna High Court CWJC No.799 of 2017(6) dt.17-02-2026 2/6 subsequently divided into North Bihar Power Distribution Company Limited (NBPDCL). It is also not disputed that initially, the petitioner used to perform the work of distribution of electricity bills to the customers. Subsequently, he was entrusted with the duty of unskilled labourers. Further, admitted position is that while discharging the work of shut down of electricity, he received burn injury on 29th August, 2011. Thirdly, as a result of such injury, he sustained physical disability up to 40 per cent, as per the report submitted by the Medical Board of Patna Medical College and Hospital. After sustaining such injury, the NBPDCL paid a sum of Rs. 25,000/- (Rupees Twenty Five Thousand) to the petitioner as compensation. Under such factual background, he claimed a permanent job under Power Distribution Company Limited but such prayer was denied. He then moved to the Bihar Human Rights Commission for redressal of his grievance. The Commission passed an order on 28th April, 2016, directing the NBPDCL as follows:-
Since the petitioner contends that he was in the engagement of the service of the department, which is disputed by the respondents, it is directed that the Department may look into this aspect once again. If he was on employment on the date of his suffering, the accident in any way, Patna High Court CWJC No.799 of 2017(6) dt.17-02-2026 3/6 then the Department may consider him taking back on rolls.
2. The concerned Department, NBPDCL considered the prayer of the petitioner and found that on the date of sustaining injury, the name of the petitioner was not in the payroll of the Electricity Supply Division, Darbhanga (Rural) and he was not in employment of the Power Distribution Company Limited, so the respondents rejected the prayer of the petitioner which resulted him to file the instant writ petition for the following reliefs :-
(i) For issuance of an appropriate writ/writs, order/orders, direction/directions for appointing the petitioner on the post of unskilled labour or any class-4 post as the petitioner suffered 40% disability due to electrocution, when the petitioner was doing maintenance work as daily wage electrician (unskilled labour) in Electric Supply Sub-Divsion, Sakari, Darbhanga.
(ii) For directing the respondents concerned to pay compensation amount as per existing notification.
(iii) For any other relief for which the petitioner is entitled for.
3. I have heard the learned Advocate on behalf of the petitioner and the learned Senior Counsel on behalf of the Patna High Court CWJC No.799 of 2017(6) dt.17-02-2026 4/6 NBPDCL. I have also perused entire record including the annexures filed by the parties in support of their pleadings. It is found from Annexure-1 that the petitioner was a casual labourer attached to Electricity Supply Division, Sakari, Darbhanga since 2008 or even before. Being a casual labourer, he used to get his wages but he is not in the payroll of the Electricity Department. The Bihar State Human Rights Commission vide its order 28 th April, 2016, directing the Department to consider the case of the petitioner taking back on rolls. However, the instant of taking back on rolls only arises when the petitioner was in the payroll of the Power Distribution Company Limited. No document has been filed on behalf of the petitioner to show that he was on the payroll of the Power Distribution Company Limited. A casual worker does not have the right to automatically engage on sustaining injury while discharging his duties, if he sustains injuries. He being a casual worker is entitled to get a compensation, the Power Distribution Company Limited paid compensation to the petitioner to the tune of Rs. 25,000/- (Rupees Twenty Five Thousand).
4. In my considered opinion when the petitioner sustained serious injury on person while discharging the duty of the Power Distribution Company Limited and sustained 40 per Patna High Court CWJC No.799 of 2017(6) dt.17-02-2026 5/6 cent physical disability, the right of compensation ought to be on the higher side.
5. The learned Senior Advocate on behalf of the respondents, on the hand hand, submits that the petitioner suffered 25 per cent disability, as per the medical report. There is a guideline issued by the Bihar State Electricity Board regarding payment of compensation in case of disability due to electric accidents. The Bihar State Electricity Board took Resolution No. 8678 dated 26th July, 2012, directing payment of compensation in the case of disability due to electric accidents in the following manner:-
A sum of Rs. 1,00,000/- only (Rupees One Lakh) in case of more than 50 per cent of disability and Rs. 25,000/- only (Rupees Twenty Five Thousand) in case of less than 25 per cent disability shall be paid as compensation for electric accidents. The amount of compensation will be payable on the certificate with regard to percentage of disability granted by the Civil Surgeon of the respective area.
6. The learned Senior Advocate on behalf of the respondent also refers to an unreported decision of this Court in C.W.J.C. No. 8470 of 2022 on 19th March, 2022 held, inter alia that if the petitioner has any grievance with regard to quantum Patna High Court CWJC No.799 of 2017(6) dt.17-02-2026 6/6 of compensation, which was paid by the Board to him, he is at liberty to move the competent Civil Court to decide the disputed questions of fact. In Chairman, Grid Corporation of Orissa Ltd. (GRIDCO) & Ors. V Sukamani Das (SMT) & Anr. reported in 1999 7 SCC 298, the Hon'ble Supreme Court also held that in case the petitioner has no grievance with regard to the quantum of compensation, he has to approach the Civil Court and establish his case before any compensation can be awarded to him.
7. In the instant case, compensation was awarded to the petitioner by virtue of the Resolution No. 8678 dated 26 th July, 2012 issued by the Bihar State Electricity Board, Patna. The Court cannot in exercise of its power under Article 226 of the Constitution, enhance the amount of compensation beyond the guideline fixed by the Bihar State Electricity Board, Patna.
8. For the reasons stated above, I do not find any merit in the instant writ petition.
9. Accordingly, the instant writ petition is dismissed on contest.
(Bibek Chaudhuri, J) Jyoti Kumari/-
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