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2021 DAILYLAW 444 (CHH)

SMT. KAMLESH DEVI v. SOUTH EASTERN COAL FIELD LIMITED

WPS/6707/2021 · 2026-03-29

Shri Rakesh Mohan Pandey

body2021

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6707 of 2021 1 - Smt. Kamlesh Devi D/o Late Shri Sunder Lal Aged About 40 Years W/o Shri Badelal, R/o Village Jeevanganj, Post- Kasiya, Tehsil- Chail, District- Koshambi, Uttar Pradesh., Presently Residing At Doman Hill Chirimiri, Post- Sonawani, Tehsil- Manendragarh, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Petitioner versus 1 - South Eastern Coal Field Limited Through Chairman- Cum- Managing Director, Head Office, Seepat Road, Bilaspur, Revenue And Civil District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - South Eastern Coal Field Limited Through Chief General Manager (Chirimiri Area), Malviya Nagar, West Chirimiri, Police Station And Post- Podi, Tehsil- Baikunthpur, Revenue And Civil District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 3 - Sub-Area Manager (N.C.P.H. Collery Chirimiri Area), (S.E.C.L.) Chirimiri, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4 - Personnel Manager S.E.C.L. (N.C.P.H. Colliery, Chirimiri Area), (S.E.C.L.) Chirimiri, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5 - The Manager (Mines) N.C.P.H. Collery Chirimiri Area), (S.E.C.L.) Chirimiri, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6 - Maan Singh S/o Late Shri Kashi Prasad Aged About 55 Years Occupation- Service, Posted As S.D.L. Operator At N.C.P.H. Collery, Haldibadi, Chirimiri, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Respondents For petitioner : Mr. Surfaraj Khan, Advocate For respondents/SECL : Mr. H.B. Agrawal, Senior Advocate along with Ms. Sandhya Rao, Advocate For respondent No.6 : Ms. Durga Mehar, Advocate holding the brief of Mr. Shakti Raj Sinha, Advocate -2- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30.03.2026 1. The petitioner has filed this petition seeking following relief (s) : “10.1 That, this Hon'ble Court may kindly be pleased to issue a suitable writ (s), order (s), direction (s) by quashing the impugned letter dated 28/02/2021 (Annexure P-6) and further directing the respondent authorities, particularly respondents no. 2 to 4 to conduct an inquiry against respondent no. 6 and the claims of petitioner's father may be advanced to the petitioner herein. 10.2 That, this Hon'ble Court may kindly be pleased to issue a suitable writ (s), order (s), direction (s) for initiating even departmental enquiry followed by other actions must be taken against the respondent no. 6 and also against the personnel of S.E.C.L, who have colluded and acted hand in gloves with respondent no. 6 for getting employment in S.E.C.L. by adopting illegal method. 10.3 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents authorities for its kind perusal. 10.4 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Mr. Khan, learned counsel appearing for the petitioner would submit that vide Annexure P/6 dated 28.02.2021, the petitioner has been directed to submit a judgment/order passed by the competent Court to demonstrate that respondent No.6/Maan Singh is not a biological son of Sundar Lal. He would further submit that Maan Sigh secured appointment representing himself son of Sunar Lal, whereas there is no relationship between Maan Singh and Sundar Lal. He would contend that the petitioner is a biological 3 daughter of late Sundar Lal and she has right to claim appointment as her father was declared medically unfit. 3. On the other hand, learned counsels appearing for the respondents would oppose submissions. They would submit that the petitioner has been directed to place on record any order or judgment passed by the competent Court but till date, said order has not been complied with. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. Taking into consideration submissions advanced by respective advocates, this petition is disposed of reserving liberty in favour of the petitioner to approach the competent Court seeking a declaration that respondent No.6/ Maan Singh is not a biological son of late Sundar Lal. The petitioner would be at liberty to place such order before respondent authorities and in turn, the SECL authorities are directed to act upon said decision or order accordingly. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha