1 CGHC010204592023 2026:CGHC:32411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4702 of 2023 1 - Smt. Anwari Begum W/o. Late Anish Ahmed, Aged About 57 Years R/o. Gaazi Ka Pura, Sirathu, District - Kausambi, (U.P.) 2 - Parvish Nisha, D/o. Late Anish Ahmed, Aged About 33 Years R/o. Gaazi Ka Pura, Sirathu, District - Kausambi, (U.P.) ... Petitioners versus South Eastern Coalfields Limited Through Deputy Regional Manager, Kurasia Group, Kurasia Colliery, District - Korea, Chhattisgarh. ... Respondent For Petitioners : Ms. Gurprit Kaur Bhatia, Adv. on behalf of Mr. H.A.P.S. Bhatia, Advocate. For Respondent : Mr. Palash Tiwari, Advocate. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 28/07/2026 1. With the consent of the parties, the matter is heard finally. 2. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioners seeking following reliefs :- 10.1 That the Hon’ble High Court may kindly be pleased to issue a writ, order or direction in the nature of certiorari directing the respondent to consider the application for grant of compassionate appointment dated 26.02.2023 as the petitioner No. 1 is the widow of the deceased (Lt. Anish Ahmed) who was working as Ex-Dresser at Kurasia Colliery, Chirmiri Area and 2 that the petitioner is left with 2 daughters of the petitioner and the deceased, the petitioner has pleaded to the respondent in her application that her daughter namely; Parvish Nisha (Petitioner No. 2) aged about -33 years should be appointed in place of her father /deceased (Lt. Anish Ahmed), in the ends of justice. 10.2 That the Hon’ble High Court may kindly be pleased to issue a writ, order or direction in the nature of mandamus directing the respondent to grant employment on compassionate grounds or to consider the petitioner for the same, in the ends of justice. 10.3 That the Hon’ble High Court may kindly be pleased to grant any other alternative, additional writ in favour of the petitioner including the cost of the petition, and in the ends of justice. 3. Facts of the case, in brief, are that Anish Ahmed was posted as Dresser at Kurasia Colliery, Chirmiri area. He died in harness on 14.08.2021. Petitioner No.1 & Petitioner No. 2 claiming themselves to be the wife & daughter, respectively of Late Anish Ahmed, the petitioner No. 1 filed an application seeking dependent employment appointment stating therein that her daughter namely ; Parvish Nisha (petitioner No. 2), being the daughter of late Anish Ahmed, be appointed on compassionate ground in place of her father. Said Suhail Akhtar had also filed Writ Petition being W.P. (S) No. 5029 of 2022, which was disposed of vide order dated 06.09.2022, whereby certain directions were issued to the respondent-SECL. In compliance thereof, the respondent-SECL conducted a fact-finding inquiry and thereafter rejected the application filed by Petitioner No. 1 for dependent employment. Instead, Suhail Akhtar was granted dependent employment on the basis of unfortunate demise of late Aneesh Ahmad. Therefore, the petitioner has filed the present writ petition challenging the same. 3 4. Learned counsel appearing for the petitioners would submit that the petitioner No. 1 – Mrs. Anwari Begau is the legally wedded wife of petitioner No. 1, while petitioner No. 2 – Parvesh Nisha is born out of their wedlock, despite that petitioners have been deprived of getting dependent employment and the respondent – SECL, on the basis of fake fact-finding inquiry granted dependent employment to one Suhail Akhtar treating him to be the son born out from first wife – Razia Begum of Late Anish Ahmed, hence, he prays that this petition may be allowed and relief sought for by the petitioner may be granted. 5. Respondent-SECL has filed its reply. Learned counsel for the respondent - SECL while referring to its reply would submit that in compliance of the order dated 6.9.2022 passed by this Court in WPS No. 5029 of 2022, a fact-finding inquiry was conducted by respondent-SECL where both the parties i.e. family members of Ms. Anwari Begum and Mr. Suhail Akheter, were asked to appear alongwith relevant documents and in pursuance thereof, they appeared and filed documents. After due enquiry, it was found that Razia Begum (mother of Suhail Akhtar) was legally wedded wife of late Anish Ahmed and names of Razia Begum and Suhail Akhtar were recorded as the wife and son, respectively, of late Anish Ahmed in all his service records. Furthermore, Suhail Akhtar had also filed a Family settlement showing therein that the settlement was already affected between late Anish Ahmed and petitioner No. 1 – Smt. Anwari Begum, as such, it was found that Suhail Akhtar was legal heir of deceased / employee - Anish Ahmed, therefore, he has been granted dependent employment on account of death of late Anish Ahmed. Hence, he submits that the petition deserves to be dismissed. It is lastly submitted that petitioner has filed instant present petition without impleading Suhail Akhtar as party respondent, who is main contesting party in the case, therefore, instant petition is also liable to be dismissed on the ground of non-joinder of necessary party. 4 6. I have heard learned counsel for the parties and perused the material available on record. 7. As contended by both the parties, this is second round of litigation. Earlier, WPS No. 5029 of 2020 was filed by Suhail Akhtar, which was disposed of vide order dated 6.9.2022 issuing certain directions to the respondent-SECL and in compliance thereof, a fact-finding inquiry was conducted by respondent-SECL. In the said inquiry, it was reveled that family settlement has already been affected between petitioner No. 1 – Smt. Anwari Begum and late Anish Ahmed and in all service records, names of Razia Begum and Suhail Akhtar was got nominated by late Anish Ahmed as his wife and son. Based on which Suhail Akhar has already been granted dependent employment. 8. The petitioners have not filed any document to demonstrate the fact that at the time of death of late Anish Ahmed, petitioner No. 1 – Smt. Anwari Begum was remained status of legally wedded wife of late Anish Ahmed, rather as per record and fact-finding inquiry, Rajia Begum was found legally married wife of late Anish Ahmed, therefore, son i.e. Suhail Akhtar, born out from wedlock of late Anish Ahmed and Razia Begum, was granted dependent employment on account of sad demise of late Anish Ahmed by the respondent – SECL. As such, this Court is not inclined to entertain this petitioner. Further, Suhail Akhtar, who is main contesting party in the instant petition, has also not been impleaded by petitioner as party respondent in the present petition, therefore, this petition is also not maintainable on account of non-joinder of necessary party. Hence, on this count also, this petition is liable to be dismissed. Hence, this Court is not inclined to entertain instant petition. 9. Accordingly, the writ petition fails and is hereby dismissed. No cost (s). 10. Pending interlocutory application (s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.07.30 16:42:05 +0530 5