-1- 2025:CGHC:43419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6964 of 2021 Rahul Kumar Mandal S/o Late Lakhpati Mandal Aged About 26 Years R/o Village Q. No. B-81, Jarhi Colony, Bhatgaon Coaliery, District Surajpur Chhattisgarh. ... Petitioner versus 1 - S E C L Through Its Chairman Cum Managing Director Headquarter At Seepat Road, Bilaspur, District Bilaspur Chhattisgarh. 2 - Director (Personnel) SECL Headquarter At Seepat Road, Bilaspur, District Bilaspur Chhattisgarh. 3 - General Manager SECL Bhatgaon Area, Bhatgaon District Surajpur Chhattisgarh. 4 - Deputy Manager SECL Mahan - II Ocm Sub Area SECL Bhatgaon Area, Bhatgaon, District Surajpur Chhattisgarh. 5 - Smt. Kavita Kumari W/o Arun Kumar Mandal C/o Laljeet Mandal, Village Chandramarni Post - Sariya, District - Giridih (Jharkhand) Pin Code - 825320. 6 - Parmila Devi D/o Lekho Mandal Village Navadih, Post - Chunglo, District - Giridih (Jharkhand) Pin Code - 815318. ... Respondent(s) For Petitioner : Mr. Jai Prakash Shukla, Advocate For Respondents No.1 to 4 : Ms. Shrishti Shree Atal, holding the brief of Mr. Vaibhav Shukla, Advocate For Respondent No.6 : Mr. T. K. Tiwari, Advocate For Intervener : Mr. Ajay Kumar Mishra, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 26.08.2025 -2- 1) The petitioner has filed this petition seeking the following:- “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. 10.2. Hon'ble Court may kindly be pleased to issue writ in the nature of certiorari, prohibition and mandamus, directing the respondent authorities to grant the claim of compassionate appointment, CMPF amount, gratuity amount and other dues to the petitioner. 10.3. Hon'ble court may kindly further be pleased to direct the respondent authorities to decide the representation dated 30- 07- 2021 and 11-11-2021 supported with valid and lawful reasons, and further to pass any other relief(s) which it deems fit along with cost of the petition in the interest of justice.” 2) Learned counsel appearing for the petitioner would submit that the petitioner, who was holding the post of Mining Sirdar died in harness on 19.06.2021. It is submitted that an application for compassionate appointment was preferred under the provisions of the National Coal Wage Agreement (for short, NCWA) on 30.07.2021, but the same has not been decided till date; thus, he prays that a direction may be issued to respondent No.3 to decide the said application expeditiously in accordance with law. 3) On the other hand, Ms. Shrishti Shriatal, learned counsel appearing for respondents No.1 to 4, opposes the submissions made by learned counsel for the petitioner. She submits that there is a dispute between the petitioner and -3- respondent No.6. It is further submitted that in order to claim compassionate appointment, a succession certificate is required, and in the absence of such a certificate, the claim cannot be decided. 4) Learned counsel appearing for respondent No.6 would submit that she has also moved an application for compassionate appointment, which is pending consideration before respondent No.3. He further submits that certain communication has been received from the office of respondent No.3 in this regard. 5) Mr. Ajay Mishra, learned counsel appearing for the intervener, supports the contention made by Mr. Shukla. 6) Heard learned counsel for the parties and perused the documents placed on file. 7) Considering the fact that the applications moved by petitioner and respondent No.6 for grant of compassionate appointment are pending consideration before respondent No.3, at this juncture, this writ petition is disposed of with a direction to the authority concerned to decide the said applications strictly in accordance with law, preferably within a period of 90 days from the date of receipt of copy of this order. 8) The authority concerned shall also provide sufficient opportunity of hearing to petitioner and respondent No.6. Sd/- (Rakesh Mohan Pandey) Judge Nadim