1 2025:CGHC:19270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5594 of 2019 Smt. Usha Bai Wd/o Late Shiv Prasad Aged About 46 Years R/o Village Adbhar, Tahsil- Malkharouda, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh --- Petitioner(s) versus 1. South Eastern Coal Field Limited Through Its Chairman Cum Managing Director, South Eastern Coal Field Limited Headquarters, Seepat Raod Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 2. General Manager, South Eastern Coal Field Limited, Sohagpur Area, District- Sahdol, Madhya Pradesh, District : Shahdol, Madhya Pradesh 3. Area Personnel Manager, South Eastern Coal Field Limited, Sohagpur Area, District- Sahdol, Madhya Pradesh, District : Shahdol, Madhya Pradesh 4. Sub Area Manager, South Eastern Coal Field Limited, Dhanpuri ( O.C.M.), Post Sanjay Koyla Nagar, District- Shahdol, Madhya Pradesh, District : Shahdol, Madhya Pradesh 5. Assistant Manager ( Personnel), South Eastern Coal Field Limited, Dhanpuri ( O.C.M.), Post Sanjay Koyla Nagar, District- Sahdol, Madhya Pradesh, District : Shahdol, Madhya Pradesh 6. Satyam Kumar S/o Amaru Aged About 30 Years Working As Shawel Operator At South Eastern Coal Field Limited, Dhanpuri ( O.C.M.), Post SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.06.05 15:13:16 +0530 2 Sanjay Koyla Nagar, District- Sahdol, Madhya Pradesh, District : Shahdol, Madhya Pradesh --- Respondent(s) WPS No. 6663 of 2019 1.Satyam Kumar S/o Amaru Aged About 30 Years Working As Shawel Operator, Dhanpuri Open Cast Mine, R/o Village Katainer, Tahsil Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh ---Petitioner(s) Versus 1. South Eastern Coalfield Limited Through Its Chairman-Cum-Managing Director, South Eastern Coalfield Limited, Hq Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 2. General Manager South Eastern Coalfield Limited, Sohagpur Area, District Shahdol Madhya Pradesh, District : Shahdol, Madhya Pradesh 3. Area Manager (P.) South Eastern Coalfield Limited. Sohagpur, District Shahdol Madhya Pradesh, District : Shahdol, Madhya Pradesh 4. Deputy Area Manager Dhampuri, Open Cast Mines, Sanjay Koyla Nagar, District Shahdol Madhya Pradesh, District : Shahdol, Madhya Pradesh 5. Assistant Manager Dhanpuri Open Cast Mines, Sanjay Koyla Nagar, District Shahdol Madhya Pradesh, District : Shahdol, Madhya Pradesh 6. Smt. Usha Bai Wd/o Shiv Prasad Aged About 46 Years R/o Village Adbhar, Tahsil Malkharoda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh --- Respondent(s) WPS No. 598 of 2020 Smt. Usha Bai Wd/o Late Shiv Prasad Aged About 47 Years R/o Village Adhbhar Tahsil Malkharoda District Janjgir Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh ---Petitioner(s) 3 Versus 1. South Eastern Coal Field Ltd. Through The Chairman Cum Managing Director South Eastern Coal Field Ltd. Head Quarter Seepat Road Bilaspur Tahsil District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 2. General Manager, South Eastern Coal Field Ltd. Dhanpuri (Ocm) Post Sohagpur, District Shahdol (Madhya Pradesh), District : Shahdol, Madhya Pradesh 3. Assistant Manager (Personnel), South Eastern Coal Field Ltd. Dhanpuri (Ocm) Post Sanjay Koyla Nagar, District Shahdol (Madhya Pradesh), District : Shahdol, Madhya Pradesh 4. Satyam Kumar S/o Amaru Aged About 30 Years Showel Operator At South Eastern Coal Field Ltd. Dhanpuri (Ocm) Post Sanjay Koyla Nagar, District Shahdol (Madhya Pradesh), District : Shahdol, Madhya Pradesh --- Respondent(s) For Petitioner(s) : Mr. Sunil Otwani with Mr. Rohan Shukla, Advocate For Petitioner (s) : Mr. Hemant Kesharwani, Advocate For Petitioner (s) : Mr. Rahul Mishra, Advocate For Respondent(s) : Mr. Sudhir Bajpai, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 29/04/2025 1. Writ petition Nos. 5594 of 2019 and 598 of 2020 have been preferred by Usha Bai, who is sister-in-law of respondent No. 4 Satyam Kumar and Writ petition No. 6663 of 2019 has been preferred by petitioner Satyam Kumar. Sister-in-law Usha Bai has knocked the door of this Court to get maiantenance amount from Satyam Kumar as Satyam Kumar has been 4 granted dependeant employment on a condition that he will give financial assistance to the family member of deceased Shiv Prasad who was an employee of SECL. 2. Brief Facts reflected from the record is that Petitioner Usha Bai is widow of late Shiv Prasad, who was an employee of South Eastern Coal Field Limited who died in harness and during course of employment with SECL he has expired, therefore, as per Chapter -9 of National Coal Wage Agreement under Social Security Head, there is provision for grant of depended employment to the dependent of the employee who died in harness. The record of the case would show that respondent SECL has offered dependent employee to Usha Bai which she has refused because of due to medical difficulty, as such she has requested the SECL to provide depended employment to respondent No. 6 who is brother of deceased employee, therefore, SECL has offered employment to respondent Satyam Kumar on a condition that he will look after the petitioner. The record of the case further demonstrate that for some time Stayam Kumar respondent No. 6 has lookedafter her but later on he became negligent to discharge his moral and legal obligation of maintaining her, which has compelled the petitioner to file WPS No. 5594 of 2019 and 598 of 2020 where the petitioner has prayed for issuance of direction to respondent No. 6 to comply order dated 07.04.2019 passed by SECL directing Satyam Kumar to deposit 50% of salary towards maintenance. The record of the case further demonstrate that the 5 petitioner in WPS No. 598 of 2020 has prayed for cancellation of dependent employment granted to Satyam Kumar and prayed for grant of dependent employment to her daughter in place of Satyam Kumar. 3. Petitioner Satyam Kumar has filed WPS No. 6663 of 2019 wherein has prayed for quashing of order dated 03.04.2019 passed by SECL deducting 50% salary towards maintenance to Usha Bai on the count that 50% deduction from the salary is on higher pedestal as he has to look out his family if the 50% deduction is allowed for entire service period then it will be difficult for him to look after his own family. It has also been contended that the petitioner has suffered paralysis attack in the year 2015, as such he is unable to discharge his duty properly and unable to get complete salary, as such he has prayed for quashing of the impugned order dated 03.04.2019 issued by SECL. 4. This Court has issued various direction to the respondent Satyam Kumar as well as South Eastern Coal Field Limited vide order dated 30.09.2024 and has directed the SECL to deduct 40% salary of respondent Satyam Kumar thereafter Satyam Kumar has also moved an application before this Court wherein he has stated that he is willing to pay the amount. Considering the submission, this Court has itself kept in abeyance the effect and operation of the order 30.09.2024 but the same has not been complied with, therefore, this Court has again directed the respondent to comply with the order passed by this Court on 12.02.2025 and the matter was taken up today for final hearing in the motion hearing itself. 6 5. Today, one additional memo of submission has been filed before this Court in WPS No. 6663 of 2019 by Satyam Kumar wherein it has been stated in paragraph-2 which is as under:- 2-That during the pendency of the petition the petitioner has realized the issue, and respectfully submitted that the petitioner is ready to pay Rs. 10,000/- per month as maintenance amount to the respondent No. 6 from 21.02. 2024 and the petitioner further ready to pay Rs. 8,000/- per month from 08.04.2019 as order on 26.11.2024 passed by this Hon’ble Court in the instant petition, the petitioner is also ready to deduct the above amount from the salary and deposit bank account of the respondent No. 5 this Hon’ble Court may kindly be disposed of the petition with above observation. 6. The said submission is supported by affidavit of Satyam Kumar, from the said submission memo it is quite vivid that petitioner Satyam Kumar is ready to pay total Rs. 18,000/- which is sufficient amount for her survival of petitioner Usha Bai. The said additional submission memo is taken on record. 7. I have heard counsel for the parties and perused the record. 8. Considering the submission and subsequent development, the writ petitions are disposed of with a direction that the respondent/SECL shall deduct total Rs. 8,000/- as arrears which is recoverable from 08.04.2019 in addition to it Rs. 10,000/- as maintenance thus total Rs. 18,000/- will be deducted from the salary of respondent Satyam Kumar. It is also directed that respondent will not create hindrance in deduction of the said amount from his salary. Even otherwise, as per the policy of SECL for grant of dependent employment as well as undertaking given by Stayam 7 Kumar. It is mandatory for him to look after the other family members. It is made clear that if any delay tactics is adopted by respondent Satyam Kumar, the petitioner is at liberty to take recourse available under the law. 9. With these observations, the writ petitions are disposed of. No order as to the cost. Sd/- (Narendra Kumar Vyas) Judge Santosh