MOHAMMAD SHAFI v. South Eastern Coal Fields Limited
WPS/1781/2023 · 2025-09-03
Shri Amitendra Kishore Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10832 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10832 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45305
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1781 of 2023 1 - Mohammad Shafi S/o Late Jumman Khan Aged About 29 Years R/o Village - Mediyaras, P.S. Chachai District - Anuppur (M.P.)
... Petitioner(s) versus 1 - South Eastern Coal Fields Limited Through The Chief Managing Director Cum Chairman, Seepat Road, Bilaspur Chhattisgarh 2 - General Managar S.E.C.L., Suhagpur Area, District Shahdol (M.P.) 3 - Regional Personal Manager Suhagpur Area, District Shahdol (M.P.) 4 - Md. Rafi S/o Late Jumman Khan Aged About 38 Years Post Mediyaras, Thana Chachai, Tehsil And District Anuppur, (M.P.)......... (As Per Hon'ble Court Order Dated 21.03.2023 )
... Respondent(s) For Petitioner(s) : Ms. Meena Shastri, Advocate For Respondent(s) : Ms. Pooja Sinha, Advocate on behalf of Mr. Uttam Pandey, Advocate and Mr. Sudhir Kumar Bajpai, Advocate for their respective respondents. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board (04.09.2025) ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA
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1. At the outset, learned counsel appearing for the petitioner submits that the petitioner is the son of the deceased employee, namely, Jumman who was working as E.P. Welder and he was died in harness on 25.10.2019. The petitioner submitted an application for compassionate appointment before the respondent authorities and he also submitted the No-objection certificate of his family members in support of his application for compassionate appointment. He further submits that this writ petition may be disposed of directing the respondent authorities consider and decide the pending representation of the petitioner dated 08.09.2022 and 30.01.2023 (Annexures P/5 and P/6 respectively) at the earliest within any specific period as fixed by this Court. 2. Learned counsel appearing for the respondents submit that one Md. Rafi who is respondent No.4 in this petitioner has not submitted its consent letter/affidavit with regard to compassionate appointed to the present petitioner, therefore, the appointment cannot be given to the petitoner on this ground only. he is having no objection to the limited prayer made by learned counsel appearing for the petitioner. 3. I have heard learned counsel for the parties and perused the documents available on reocrd. 4. It is apparent from the records that the affidavit filed by the Md. Rafi is annexed with this petitioner as Annexure P/3 on ‘Page No.10’ showing the consent of the Respondent No.4, as a result the argument advanced by the SECL seems not in accordance with law. 3
5. Considering the submissions made by learned counsel for the parties and without entering into the merits of the case at this stage, the present writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation for appointment on compassionate grounds, incorporating all the grounds urged in the present writ petition, along with a copy of the petition, before the respondent/competent authority within a period of 15 days from the date of receipt of a copy of this order. Upon receipt of such representation, the respondent/competent authority is directed to consider and decide the same, strictly in accordance with law, within an outer limit of 45 days, taking into account the affidavits and consent letters of all the family members, particularly the affidavit/consent letter of Md. Rafi (Respondent No.4).
Thereafter, appropriate orders shall be passed in accordance with the applicable rules, laws, circulars, and instructions governing compassionate appointments. 6. With the aforesaid observation, the present writ petition stands
disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena