1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6709 of 2018 1 - Anil Soren S/o Late K. F. Soren Aged About 35 Years Occupation Service, R/o Bishrampur, Post Ketka, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ... Petitioner(s) versus 1 - South Eastern Coalfield Limited Through Chairman- Cum-Managing Director, Basant Vihar, Seepat Road, Bilaspur, Chhattisgrah., District : Bilaspur, Chhattisgarh 2 - The General Manager Secl Bishrampur Area, Post And P. S. Bishrampur, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 3 - The Area Personnel Manager Secl Bishrampur Area, Post And P.S. Bishrampur, Disrtict- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 4 - Mines Manager Amera Mines, Secl Bishrampur Area, Post And P.S. Bishrampur, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 5 - Smt. Agnesh Tudu Wd/o Late K. F. Soren Aged About 55 Years R/o Minors Qr. No. 71, Bishrampur, P.S. Bishrampur, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Bharat Sharma, Advocate For Respondent Nos. 1 to 4 : Mr. Atul Kumar Kesharwani, Advocate For Respondent No. 5 : Mr. Siddharth Pandey, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board PAWAN KUMAR Digitally signed by PAWAN KUMAR Date: 2025.11.04 15:08:48 +0530 2 03/11/2025 The petitioner in this writ petition has sought for the following reliefs:- 10.1 That, this Hon'ble Court may graciously be pleased to issue a writ of mandamus/certiorari or of like nature to quash the impugned order dated 09/02/2017 (Annexure- P/1) and consequently quash the order dated 31/05/2017 (Annexure-P/6) with direction that the respondents amount the entire pay wages/salary to the petitioner without deduction. 10.2 That, a command/direction may kindly be issued to call for the entire record pertaining to the instant case from the office of respondents and a suitable action may kindly be taken against the delinquent officer. 10.3 Any other relief which is deemed fit and proper may also be awarded along with the cost of the petition. 2. Learned counsel for the petitioner submits that the petitioner was given a compassionate appointment with the respondents on account of death of his father who was working with the respondent Nos. 1 to 5 and died in harness. In the appointment order a condition was put-forth by the respondents that he would contribute in raising the respondent No. 5 and thereafter 50% of his salary was deducted for the said purposes by the impugned order Annexure P-1 dated 09.02.2017 and Annexure P-6 dated 31.05.2017. Challenging the same, this writ petition has been filed seeking for the above stated relief. 3. Learned counsel for the respondents opposes the submission and submits that after filing the instant petition the petitioner had preferred a civil suit No. 226A/2021 before the Civil Judge Class-II Surajpur, District Surajpur, CG against respondent No. 1 and other authorities with the similar relief and the civil suit was also dismissed by the learned Civil Judge vide its judgment dated 26.07.2025. Since the issue has already 3 been adjudicated by the learned Civil Judge, this writ petition may not be entertained. 4. Heard learned counsel for the parties and perused the records. 5. Perusal of record indicates that the basic prayer of the petitioner is that the deduction of 50% amount of his salary for livelihood of respondent No. 5 is under challenge and it appears that the said dispute was subject matter in the civil suit stated above has already been decided by this civil Court therefore, this Court is not inclined to entertain this writ petition. 6. Accordingly, this writ petition is dismissed. At this stage, learned counsel for the petitioner submits that against the judgment passed by the civil Judge, probably the petitioner would file an appeal before the appellate Court and this order may hamper the appeal which may be filed. If the appeal is filed, the appeal would be decided on its own merit without being influence by any of the observations made herein above in this petition. Sd/- (Sachin Singh Rajput) JUDGE Pawan