1 2025:CGHC:8796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5927 of 2024 1 - M/s Maa Pitambara Coal Carriers Pvt. Ltd., A Company Duly Registered Under The Provisions Of The Companies Act 1956, Having Its Registered OfÏce At House No. 627, Village And Post- Bijwasan, New Delhi 110061 Through Its Authorised Signatory. ... Petitioner(s) versus 1 - Union Of India, Through The Secretary, Ministry Of Defense, Government Of India, Room No. 305- B Wing, Sena Bhawan, New Delhi- 110011, New Delhi. 2 - Director General Resettlement, Government Of India, Ministry Of Defense, West Block- Iv, R.K. Puram, New Delhi. 3 - Coal India Ltd., Through Its Chairman-Cum-Managing Director, Coal Bhawan, Premises No. 04 Mar, Plot No. Af-Iii, Action Area- 1a, New SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.21 16:10:40 +0530 2 Town, Rajarhat, Kolkata, West Bengal. 4 - South Eastern Coalfields Ltd., Through Its Chairman-Cum-Managing Director, Having Its Registered OfÏce At Secl Bhawan, Seepat Road, Bilaspur, District-Bilaspur, Chhattisgarh. 5 - General Manager (Cmc), South Eastern Coalfields Ltd., Secl Bhawan, Seepat Road, Bilaspur, District-Bilaspur, Chhattisgarh. 6 - Committee Of Functional Directors (Cofd), Through Its Secretary, South Eastern Coalfields Ltd., Secl Bhawan, Seepat Road, Bilaspur, District- Bilaspur, Chhattisgarh. 7 - General Manager, Manikpur Colliery, South Eastern Coalfields Ltd., Korba, District Korba, Chhattisgarh. 8 - Deputy General Manager, Manikpur Colliery, South Eastern Coalfields Ltd., Korba, District- Korba, Chhattisgrah. 9 - Finance Manager, Manikpur Colliery, South Eastern Coalfields Ltd., Korba, District- Korba, Chhattisgrah. 10 - Survey OfÏcer, Manikpur Ocm, Manikpur Colliery, South Eastern Coalfields Ltd., Korba, District- Korba, Chhattisgrah. ... Respondent(s) (Cause title taken from CIS) 3 For Petitioner(s) : Shri Amrito Das, Advocate For Respondent/State : Shri Vaibhav Shukla, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 20.02.2025 Heard. 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record pertaining to the illegal deductions made by the respondents from the payments due to be made to the petitioner from the respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside Clause 5 as contained in the order dated 17/01/2023 as was resolved in the 158th Meeting of the Committee of Functional Directors (CoFD) of SECL on 14/01/2023 (ANNEXURE P-1). 10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside the deductions made from the final bill to the tune of Rs, 54,38,695/- (ANNEXURE P-2) and direct the respondents to make payment of the said amount to the petitioner. 10.4 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ directing the respondents to appropriately recompute the normative rate after taking into consideration the GST component which was illegally excluded by the respondents. 4 10.5 That, this Hon'ble Court may kindly be pleased to pass an appropriate writ declaring that the petitioner ESM company is entitled for payment in accordance with the rate as prescribed under the MoU (at normative rate) for the incomplete / left over work (by the civilian contractor) executed by them. 10.6 That, this Hon'ble Court may kindly be pleased to pass an appropriate writ directing the respondent authorities to make payment to the petitioner for the work executed by them at the finally determined normative rate, with interest at the rate of 12% from the date the payment was due till the date of actual payment. 10.7 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case. 2. Learned counsel for petitioner submits that petitioner is registered as Coal Transportation Company and engaged in the business of transportation of coal. Pursuant to the agreement dated 15.01.2015 petitioner was awarded work for transportation of coal. Petitioner continued to transport coal pursuant to the agreement dated 15.01.2015. He contended that as per agreement, rate of transportation is based on the normative rates. Though petitioner was being paid at normative rates fixed time to time by respondents, last normative rates were fixed in the year 2023 and it has been made applicable from 2018. Based on the rate fixed in the year 2023, now respondents have deducted the amount, which has been earlier paid to petitioner pursuant to the earlier normative rate fixed in the year 2023, now respondents have 5 deducted the amount, which has been earlier paid to petitioner pursuant to the earlier normative rate fixed, which is arbitrary and illegal. He submits that petitioner will submit a representation before the respondent authorities and a direction be issued to them to take decision within specified time. 3. Learned counsel for respondents No. 3 to 6 and its authorities submits that as petitioner is not pressing this petition on merits and only seeking a direction to the respondents authorities to take decision on the representation, he is having no objection to the limited prayer made. He submits that if the petitioner prefers fresh representation, it will be considered in accordance with law. 4. Learned counsel for respondents/ Union Of India and its authorities would submit that she is having no objection to the limited prayer. If petitioner prefers fresh representation, it will be considered in accordance with law. 5. I have heard learned counsel for parties and perused the documents placed on record. 6. Considering the submission of learned counsel for respective parties and the nature of grievance raised, the writ petition is disposed off with a direction to the petitioner that if fresh representation is preferred before the concerned authorities, the same will be decided in accordance with law within a period of 3 months from the date of filing of fresh representation. 7. With the aforesaid observation and direction, this writ petition is 6 disposed off without making any observation on the merit of the claim of the petitioner. Sd- (Bibhu Datta Guru) Judge Shoaib