1 2026:CGHC:8916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7409 of 2023 1. Smt. Kanti Devi W/o. Late Rajeshwar Singh, Aged About 48 Years R/o. Village Dauli, P.S And Tahsil Odgi, District - Surajpur, Chhattisgarh. 2. Jitendra Singh, S/o. Late Deepnarayan Singh, Aged About 25 Years R/o. Village - Saimriya, P.S. Shavpahdi, Tahsil Mada, District - Singrauli, M.P. ... Petitioners versus 1. South Eastern Coalfields Limited, Through The Chairman-Cum-Managing Director, Seepat Road, Bilaspur, Chhattisgarh, District - Bilaspur, Chhattisgarh. 2. Sub Area Manager O.C. M., Dugga, Bhatgaon, District - Surajpur, Chhattisgarh. 3. The Personnel Manager, Bhatgaon, Area, District - Surajpur, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioner : Ms. Seema Singh, Advocate. For Respondents : Mr. Pankaj Agrawal, counsel appears along with Ms. Swati Agrawal, Advocate. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 19/02/2026 1. Heard. 2. This petition has been preferred by the petitioners under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 The Hon’ble Court may graciously be pleased to issue writ of mandamus thereby quashing the order dated 01.03.2021 issued by respondent No.2 (Annexure-P/1) and further be pleased to direct the respondent authorities to DEEPTI JHA Digitally signed by DEEPTI JHA 2 consider the case of the petitioners for grant of dependent employment to petitioner No.2 in the ends of justice. 10.2 Any other relief which this Hon’ble Court deems fit and proper including the cost of this writ petition be awarded in favour of the petitioners.” 3. Learned counsel for the petitioner submits that petitioner was the adopted son of the ex-employee namely Rajeshwar Singh of the respondent authorities, who died in harness. Petitioner being adopted son is required to be given compassionate/dependent appointment, however, authorities have denied the same only on this ground that since he is nephew (‘bhanja’) of the deceased, therefore, he is not entitled for the same. 4. Learned counsel for the SECL/respondents submits that there is no provision, as such to give appointment to nephew (‘bhanja’) under the provisions of SECL. 5. I have heard learned counsel for the parties and perused the material available on record carefully. 6. From perusal of record, it appears that so far as the grant of compassionate appointment is concerned, it is governed by the NCWA Agreement and according to the same, the dependent whoever, is required to given compassionate appointment. According to the learned counsel for the petitioner, the petitioner is a nephew (‘bhanja’) of the deceased, who was issueless and was dependent upon the deceased/employee, the concerned SECL is directed to consider the same and to take necessary assistance/preliminary evidence in this respect to pass an appropriate order. Further, this order, which has been passed against the petitioner is not a speaking order, only thing has been stated that the petitioner is a nephew (‘bhanja’) of the deceased employee, as such he not the dependent, 3 whereas, for considering the dependency proper enquiry has to be made in order to pass an appropriate order. 7. Considering the aforesaid aspect of the matter, the matter is remanded back to the SECL to decide the same, in accordance with law. 8. With the aforesaid observation and direction, this writ petition stands disposed of. 9. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha