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2025 DAILYLAW 12642 (CHH)

MUKESH KUMAR v. SOUTH EASTERN COALFIELD LIMITED

WPS/2166/2019 · 2025-01-29

Shri Parth Prateem Sahu

body2025

Judgment text

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-1- 2025:CGHC:5430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2166 of 2019 Mukesh Kumar S/o Late Bachcha Lal Aged About 37 Years R/o Ward, No.6 Ambedkar Nagar, Churcha, Baikunthpur, Shivpur, Churcha, Colliery, Korea District Korea Chhattisgarh. ... Petitioner versus 1 - South Eastern Coalfield Limited Through The Chairman Cum Managing Director, Seepat Road, Bilaspur, District Bilapur Chhattisgarh 2 - The General Manger South Eastern Coalfield Limited Baikunthpur, District Korea Chhattisgarh. 3 - The Personnel Manager South Eastern Coalfield Limited, Churcha, Colliery, Baikunthpur, District Korea Chhattisgarh. 4 - Sub Area Manager South Eastern Coalfield Limited, Churcha Colliery, Baikunthpur, District Korea Chhattisgarh ... Respondent(s) For Petitioner : Mr. Syed Majid Ali, Advocate For Respondents : Mr. Sudhir Kumar Bajpai, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 29/01/2025 1. The petitioner has filed this petition seeking following reliefs:- “10.1. That, this Hon’ble Court may kindly be pleased to direct the respondent particularly the respondent No.2 to take a decision on the Digitally signed by PRAVEEN KUMAR SINHA -2- pending representations of the petitioner for grant of dependent employment as per the provision of National Coal Wage Agreement. 10.2. Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon’ble Court deems fit in the circumstances of the case.” 2. Learned counsel for the petitioner submits that the father of petitioner who was an employee of respondent- department died in harness on 04.01.2009. Petitioner thereafter submitted representation on 05.05.2009 seeking dependent employment, followed by further representations dated 16.08.2010, 30.11.2010, 24.01.2011, 02.07.2012, 26.02.2017, 31.07.2017 and 27.12.2017 also. He also contended that other family members have also executed affidavit in support of petitioner for grant of employment to him which was also submitted with the respondent-department. However, till date, representations submitted by the petitioner seeking dependent employment has not been considered and decided and, therefore, a direction be issued to respondents to take decision on pending representations. 3. On the other hand,learned counsel for the respondents submit that petitioner has not submitted the affidavit of all the family members. Petitioner was intimated vide letter dated 29.12.2017 (Annexure R-9) to submit the said affidavit, however, till date, affidavit has not been submitted and in absence of affidavit of all the family members submitted with ‘no objection’ in favour of -3- petitioner, respondents are not in a position to pass order on the representation submitted by the petitioner for grant of dependent employment. 4. At this stage, learned counsel for the petitioner submits that petitioner has already submitted the said affidavit, however, in view of submission of learned counsel for the respondents based on Annexure R-9, petitioner will submit fresh affidavit of all the family members before the concerned authority and a direction be issued to concerned authority to take decision at the earliest. 5. In view of submission of learned counsel for the respective parties, nature of grievance raised in this writ petition, this writ petition at this stage is disposed off permitting the petitioner to submit affidavit of all the family members as asked by respondent vide letter dated 29.12.2017 (Annexure R-9) and in the event petitioner submits affidavit and other relevant documents, respondents shall consider the same and take decision on it, in accordance with law, expeditiously, preferably within a period of 4 months from the date of receipt of affidavit and other relevant documents. 6. With the aforesaid observation and direction, writ petition stands disposed off. S/---/-/- Sd/- (Parth Prateem Sahu) Judge Praveen