ANITA NIRALA v. SOUTH EASTERN COALFILEDS LIMTED ( SECL)
WPS/339/2026 · 2026-01-13
Shri Parth Prateem Sahu
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14866 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14866 (CHH) · dailylaw.ai ]
Judgment text
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2026:CGHC:2169
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 339 of 2026 1 - Anita Nirala D/o Late Tulsiram Nirala Aged About 37 Years R/o Qtr No. M- 106, Ompur Colony, P.O.- Rajgamar Colony, Rajgamar, Korba, District- Korba C.G. 2 - Sunita Nirala D/o Late Tulsiram Nirala Aged About 32 Years R/o Qtr No. M-106, Ompur Colony, P.O.- Rajgamar Colony, Rajgamar, Korba, District- Korba C.G.
... Petitioner(s) versus 1 - South Eastern Coalfileds Limted ( Secl) Through Its Chairman-Cum- Managing Director (C M D), S E C L Headquarters, Seepat Road, Bilaspur C.G. 2 - General Manager, S E C L, Rajgamar Area Office Of The General Manager, S E C L Rajgamar Area, District Korba C.G. 3 - Sub- Area Manager, S E C L Rajgamar Area, District Korba C.G. 4 - Senior Manager (Personnel), S E C L Rajgamar Area, District Korba C.G. 5 - Coal Mines Provident Fund Organization Through - Regional Manager, Coal Mines Provident Fund Bilaspur, Seepat Road, Sub P.O.- S E C L Bilaspur, P.S.- Sarkanda, District Bilaspur C.G. Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.01.16 17:45:03 +0530
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... Respondent(s)
For Petitioners : Mr. Achyut Tiwari, Advocate For Resp. No. 1 to 4 : Mr. Pankaj Agrawal, Advocate For Resp. No. 5 : Mr. Rajkumar Gupta, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 14/01/2026
1. Petitioners have filed this writ petition seeking following reliefs:
“10.1. That, the Hon'ble Court may kindly be pleased to call for the entire records from the office of respondents with respect to the case of the petitioner.
10.2. That, the Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction to the respondent authorities to take proper and prompt action and release/disburse provident fund dues of father of petitioner to the petitioners in accordance with law within a stipulated time, in the interest of justice.
10.3. That, the Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction to the respondent authorities to award interest at a 9% per annum or as deem fit by this Hon'ble Court on delayed provident fund amount from the date they became payable till the date of actual disbursement, in the interest of justice.
10.4. Any other relief (s) that this Hon'ble Court may deem fit to grant in the interest of Justice.”
2.
Learned counsel for the petitioners submits that father of petitioners was an employee of respondents No. 1 to 4. He died in harness. Petitioner No.1 was granted dependent employment pursuant to order passed by this Court. However, with regard to death-cum -retiral dues, due to objection raised by some other family member, petitioners were
3 / 3 forced to file an application for succession certificate before Court of competent jurisdiction which was granted to petitioner on 20.01.2023. He submits that other dues have been disbursed in terms of succession certificate except for provident fund which is to be disbursed by respondent No.5. Learned counsel for the petitioners also submits that petitioners have submitted documents required for disbursing the amount with respondent No. 1 to 4 on 09.01.2026 and therefore a direction be issued to respondents to consider the documents and disburse the pending amount due in favour of petitioners in terms of succession certificate.
3.
Learned counsel for respective respondents submit that as submitted by learned counsel for the petitioners that petitioners have already submitted relevant documents, it will be considered and appropriate action and decision with regard to disbursement of amount of provident fund will be taken expeditiously probably within a period of 4 weeks.
Learned counsel for respondents further submit that observation be made that time as fixed by the Court shall be from the date of receipt of documents.
4. In view of submissions of learned counsel for the parties, this writ petition at this stage is disposed of directing respondents to take decision on the claim of petitioners for disbursement of provident fund amount in terms of succession certificate, expeditiously, preferably within a further period of 4 weeks from the date of receipt of copy of this order. Sd/- (Parth Prateem Sahu) Judge Praveen