SMT. FULMANIYA BAI v. THE CHAIRMAN CUM MANAGING DIRECTOR
WPS/8914/2023 · 2026-02-01
Shri Amitendra Kishore Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16025 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16025 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:5968
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8914 of 2023 Smt. Fulmaniya Bai W/o Late Shri Babulal Aged About 60 Years R/o Village Jainagar, Ward No. 04, Uravpara, Jainagar, Surajpur, District Surajpur (C.G.)
... Petitioner. versus 1 - The Chairman Cum Managing Director South Eastern Coal Filed Limited, Seepat Road, Secl, Hg, Gm (Personnel) Bilaspur, District Bilaspur (C.G.). 2 - The South Eastern Coal Field Limited (Mini Ratna Company) Office Of The Chief General Manager, Bishrampur Area, Post Bishrampur
Colary,
District
Surajpur
(C.G.). 3 - The Manager S.E.C.L. Bishrampur, District Surajpur (C.G.). 4 - The Deputy Chief Personnel Manager S.E.C.L. Bilaspur, District Bilaspur
(C.G.). 5 - The Personnel Manager Rehar Gayatri Cum Area, Jainagar, Surajpur, District Surajpur (C.G.). 6 - The Personnel Manager S.E.C.L. Bilaspur, District Bilaspur (C.G.). AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.02.04 17:13:40 +0530
2 7 - The Deputy Chief Medical Officer Central Hospital, Bishrampur, District Surajpur (C.G.). 8 - The Collector Surajpur, District Surajpur (C.G.)
... Respondents. For Petitioner : Ms. Astha Sharma, Advocate. For Respondent Nos.1 to 6- SECL : Shri Pawan Kumar Kesharwani, Adv. For State/Respondent : Shri Hrishikesh Sharma, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 02/02/2026
1. By way of this petition, petitioner is seeking following reliefs:- i. That, the respondents may kindly be directed by writ of mandamus to forthwith produce the entire records, for perusal before this Hon'ble Court. ii. That, to set aside the impugned letter dated 06-02-2023. (Annexure P/2). iii. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the application of the petitioner for compensation with all consequential benefits. iv. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide suitable compensation to the petitioner
3 depending upon his educational qualification and other eligibility. v. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.
2. Necessary facts of the case are that husband of the petitioner was working as Taindal -IV category in Jainagar mines village jainagar, district Surajpur, C.G., who died on 26.06.1994 by heart attack in harness leaving family members including petitioner. Vide annexure P/2, petitioner was informed about the provisions of dependent employment and financial compensation in the past and the petitioner was advised to submit application and relevant documents where were not submitted by the petitioner. As regards the fact that the petitioner has applied for compassionate employment and financial compensation to her son Rajesh Khakha, it was informed that at the time of death of petitioner’s husband, son of the petitioner had not attained the age of 18 years and in the year, 1994, there was no provision to keep the minor dependents in the live roster and as such, it is not possible to consider the case of the petitioner. After the death of deceased employee, petitioner and her family members are
4 facing grave hardship and thus, she submitted application before the respondent authorities to provide financial compensation and further, she also submitted representation before the respondent authorities but till date, it is pending
consideration. Hence this petition.
3. Counsel for the petitioner submits that so far as payment of monetary compensation in respect of late Babulal is concerned, the same is still pending before the respondent authorities and the petitioner has not withdrawn the same in anticipation that perhaps she will be granted dependent employment. However, the same has not been granted to the petitioner and by way of this petition, petitioner is seeking release of monetary compensation as prescribed under the guidelines of department SECL.
4. Learned counsel for the petitioner further submits that earlier, the application was not filed, however, application for grant of monetary benefits has been filed and as such, the respondent authorities may be directed to consider the claim of the petitioner and to disburse the amount of monetary compensation.
5. On the other hand, learned counsel for Respondent Nos.1 to 6- SECL submits that way back in the year, 2004, petitioner was directed to file application so that she may be granted
5 monetary compensation, which she did not file and as such, amount of monetary compensation cannot be disbursed to the petitioner.
6. Be that as it may, since the petitioner has filed application and the amount of monetary compensation is lying with the respondent authorities, the respondent authorities are expected to consider the case of the petitioner and shall pass appropriate order in respect of grant of monetary compensation to the petitioner, as the hard earned money of the employee is lying with the respondent authorities.
7. It is expected from the respondent authorities to take lenient view in disbursing the monetary compensation to the petitioner and will do the same at the earliest.
8. Accordingly, petitioner is directed to file appropriate application along with requisite documents before the respondent authorities within two weeks and in turn, the respondent authorities shall consider the claim of the petitioner and disburse the monetary compensation in respect of late Babulal within a period of 60 days.
9. With the aforesaid observation/direction, this Writ Petition is
disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge Avinash