1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1176 of 2022 1 - Manoj Kumar Dheevar S/o Late Laxmi Narayan Aged About 25 Years R/o Q. No. - 335, Block-24, Pandawpara, Khond, Post Office Pandawpara, Police Station Patna, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Petitioner versus 1 - Secl Through Its Chairman Cum Managing Director Headquarter At Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Director (Personnel) Secl Headquarter At Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - General Manager Secl Baikunthpur Area, Baikunthpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4 - Sub Area Manager Secl Jhilmili Sub Area Secl Baikunthpur Area, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Respondents For petitioner : Mr. Deepak Kaushik, Advocate holding the brief of Mr. Jai Prakash Shukla, Advocate For respondents/SECL : Mr. Shubham Singh, Advocate holding the brief of Mr. R.R. Sinha, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.03.2026 1. The petitioner has filed this petition seeking following relief (s) : “10.1 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to this case. -2- 10.2 Hon'ble Court may kindly be pleased to issue suitable writ in the nature of certiorari/prohibition/mandamus, thereby the Impugned communication dated 15-07-2021 (Annexure P/1) may kindly be quashed after being declared Illegal and further the direction may kindly be issued to the respondent authorities to grant the claim of compassionate appointment to the petitioner. 10.3 Hon'ble court may kindly further be pleased to direct the respondent authorities to decide the subsequent representation dated 31-01-2022 pertaining to claim of compassionate appointment of the petitioner with valid and lawful reasons with supportive documents, and further to pass any other relief(s) which it deems fit along with cost of the petition in the interest of justice.” 2. Mr. Kaushik, learned counsel appearing for the petitioner would submit that father of the petitioner namely Laxmi Narayan Dheevar was an employee of the SECL, who died in harness on 01.06.2021. He would further submit that an application for grant of dependent employment was moved on 08.07.2021, which has been rejected by the respondent authorities vide order dated 15.07.2021 on the ground that name of the petitioner is not mentioned as nominee in the service record. He would contend that the reason assigned by the respondent authorities while rejecting the application is illegal, arbitrary and contrary to Clause 9.3.3 of Chapter-IX of the National Coal Wage Agreement. He would pray to allow this petition. 3. On the other hand, learned counsel appearing for the respondents/SECL would oppose submissions. He would submit that name of the petitioner is not mentioned in the service record, therefore, he is not entitled for dependent employment. It is also 3 contended that wife of deceased alone has right to approach the respondent authorities. He would submit that the petition deserves to be dismissed. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. Chapter-IX of the National Coal Wage Agreement deals with ‘Social Security’. Clause 9.3.3 deals with ‘Employment to one dependent of the worker who dies while in service’. Clause 9.3.3 states that the dependent for this purpose includes the wife/husband, unmarried daughter, son and legally adopted son. Clause 9.3.3 is reproduced herein below : “9.3.3 the dependant for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. It no such direct dependant is available for employment brother, widowed daughter/widowed daughter-in law or son-in- law residing with the deceased and almost wholly dependant on the earnings of the deceased may be considered to be the dependant of the deceased.” A bare reading of this provision would make it clear that the word ‘dependent’ would include wife or husband, as the case may be, unmarried daughter, son and legally adopted son of the deceased employee. 6. In the present case, son of the deceased employee applied for compassionate appointment but his case has been rejected on the ground that his name is not mentioned as nominee in the service record. The reason assigned by the respondent authorities appears to be erroneous and contrary to Clause 9.3.3 of the Chapter-IX of the National Coal Wage Agreement, accordingly, -4- order dated 15.07.2021 (Annexure P/1) is hereby set aside. The matter is remitted back to the SECL authorities to decide it afresh after affording opportunity of hearing to all available dependents strictly in accordance with Clause 9.3.3 of the Chapter-IX of the National Coal Wage Agreement. 7. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha