1 2026:CGHC:3994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 292 of 2022 1 - Madhumita Pal D/o Late Girdhari Pal, Aged About 31 Years R/o Ward No. 17, Hollow Block, Bhalumada, Near Hanuman Mandir, Kotma, District Anuppur (Mp)., District : Anuppur, Madhya Pradesh ... Petitioner(s) versus 1 - South Eastern Coalfields Limited Through The Chairman-Cum-Managing Director, Head Office Seepat Road, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 2 - Director (Personnel), South Eastern Coalfields Limited, Head Office Seepat Road, Bilaspur (Chhattisgarh)., District : Bilaspur, Chhattisgarh 3 - General Manager (Personnel/ Manpower), South Eastern Coalfields Limited, Head Office Seepat Road, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Chief General Manager, South Eastern Coalfields Limited, Jamuna Kotma Area, Post Jamuna Colliery, District Anuppur (Mp)., District : Anuppur, Madhya Pradesh 5 - Area Personnel Manager, South Eastern Coalfields Limited, Jamuna Kotma Area, Post Jamuna Colliery, District Anuppur (Mp)., District : Anuppur, Madhya Pradesh 6 - Sub Area Manager, South Eastern Coalfields Limited, Aamadand Underground, Sub Area, Jamuna Kotma Area, Post Jamuna Colliery, District Anuppur (Mp)., District : Anuppur, Madhya Pradesh ... Respondent(s) For Petitioner(s) : Mr. Shishir Dixit, Adv For Respondent(s) : Mr. Sudhir Kumar Bajpai, Adv. 2 (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 22/01/2026 1. Challenge in this writ petition is to an order / communication dated 04.09.2021 Annexure P-1 by which the application of the petitioner for grant of dependent employment was rejected by the respondents holding that the petitioner being the sister of the deceased/ employee does not fall in the definition of family of the deceased/ employee, thus, she is not entitled for dependent employment. 2. Learned counsel for the petitioner submits that the brother of the petitioner namely Sumit Pal was working as General Mazdoor with respondent No.5 and died in harness on 16.09.2020 during the Covid-19 Pendemic. He submits that the petitioner is an unmarried sister of the deceased/ employee and was wholly dependent for her survival on the income of the deceased/ employee. As the source of livelihood of the petitioner has evaporated, she moved an application for grant of dependent employment with the respondents. The said application was rejected by the respondents vide impugned order/ communication dated 04.09.2021 (Annexure P-1). He further submits that the rejection of the application for dependent employment was only on the count that the petitioner is the sister and does not fall within the definition of family of the deceased/ employee, thus she is not entitled for dependent employment. He further submits that in light of judgment passed in WPS No.3899/ 2016 (Nutan Khushbu Singh Vs. SECL and others) decided on 13.07.2017, it has been held that the dependent sister is entitled to get the dependent employment. This judgment has been subsequently followed by this Court in WPS No.591/2021 and that writ petition was allowed vide order dated 09.09.2022, against which a writ appeal of the respondents in WA No.183/2023 was filed and that writ appeal was also dismissed. Thus the impugned order deserves to be set aside and respondents may be directed to consider the case of the petitioner for dependent employment. 3. Learned counsel for the respondents fairly submits that the law laid down by this Court in Nutan Khusboo Singh (Supra) has traveled upto the Supreme Court and 3 the SLP filed by the SECL has been dismissed and the order passed by this Court in WPS No.591/2021 has also been affirmed by the Supreme Court. 4. In light of the above submissions as in series of judgment this Court has held that the dependent sister is entitled to dependent employment with the respondents according to the policy framed in this regard. Thus, the impugned order is hereby set aside. Respondents are directed to consider the case of the petitioner in accordance with law within a period of 60 days from the date of receipt of copy of this order. 5. No order as to costs. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2026.01.28 10:54:02 +0530