1 CGHC010240932026 2026:CGHC:34428-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 662 of 2026 1 - Neeraj Kumar S/o Rajendra Prasad, Aged About 34 Years R/o 240/c, P.O. Sawang, P.S. Gomia, Distt. Bokaro, State Jharkhand. 2 - Abhay Kumar Singh S/o Raj Kumar, Aged About 33 Years R/o Dhanhara, P.O./ P.S. Rohtas, Distt. Rohtas, State Bihar. 3 - Sarban Singh S/o Balbinder Singh, Aged About 33 Years, R/o Ningha, P.O./ P.S. Jamuria, Distt. Bardhman, State West Bengal. 4 - Satyanarayan Patel S/o Ghasiram Patel, Aged About 33 Years, R/o A- 25/244, New Colony, P.O. Dhelwadih, P.S. Katghora, Distt. Korba, Chhattisgarh. 5 - Vishnu Kumar Kewat S/o Jitu Kewat, Aged About 33 Years, R/o Near Kali Mandir, Pradhankhanta, P.O. Barwadih, P.S. Hariaria, Distt. Dhanbad, State Jharkhand. 6 - Sourav Banerjee S/o Ananda Gopal Banerjee, Aged About 31 Years, R/o Banagram, P.O./ P.S. Nutandanga, Distt. Bardhaman, State West Bengal. 7 - Suresh Prasad Sahu S/o Bharat Lal Sahu, Aged About 34 Years, R/o Ward No. 07, Sadakpara, P.O. Marghatti, P.S. Ranpota, Distt. Sakti, State Chhattisgarh. Digitally signed by MOHAMMED AADIL KHAN Date: 2026.08.10 20:20:30 +0530 2 8 - Ashok Rajak S/o Narayan Rajak, Aged About 35 Years, R/o Chunglo, Bhagtiyadih P.O. Chunglo, P.S. Jamua, Distt. Giridih, State Jharkhand. 9 - Vijyant Patel S/o Vijay Patel, Aged About 34 Years, R/o Ward No. 03, Krishna Colony P.O./ P.S. Nowrozabad, Distt. Bandhavgarh, State Madhya Pradesh. 10 - Ashish Prasad Tiwari S/o Chandra Bhushan Tiwari, Aged About 30 Years, R/o Village M.Q. 503, Ward No. 33, Club Colony, P.O. Shobhapur, P.S. Betul, Distt. Betul, State Madhya Pradesh, Pin 460449. 11 - Mohammad Said Mohammad Habib Rain S/o Mohammad Habib Rain, Aged About 33 Years R/o Ward No. 5, Near Jama Masjid, Wani, Khaparkheda, P.O. Wani, Distt. Yavatmal, State Maharashtra, Pin 441102. 12 - Nand Kishor Saw S/o Manju Saw, Aged About 33 Years, R/o Industry Colliery, P.O. Bera, P.S. Dhansar, Distt. Dhanbad, State Jharkhand. ... Petitioners versus 1 - Coal India Limited Through The Chairman, Coal India Bhawan, New Town Rajarhut Kolkata, West Bengal, Distt. Kolkata, West Bengal. 2 - Senior Manager (P/MP), Coal India Limited Having Its Office At Premises No. 4, Mar, Plot No. A F-III, Action Area 1A, New Town, Rajarhat, Kolkata, P.O. / P.S. Kolkata. State West Bengal 3 - Directorate General Of Mines Safety Through Its Director, SECL, Seepat Road, Bilaspur, State Chhattisgarh 495001. 4 - Board Of Practical Training (Eastern Region) SECL Through Its 3 Director, Office At A, 1st Cross Road, Ea Block, Sector 1, Bidhannagar, Kolkata, West Bengal 700064. 5 - South Eastern Coalfields Limited Through Its Chairman-Cum- Managing Director, Having Its Office At Sipat Road, Pb No. 60, Bilaspur, P.O. And P.S. Bilaspur, District Bilaspur, Chhattisgarh. 6 - The General Manager (HR) South Eastern Coalfields Limited, Office At Sipat Road, Pb No. 60, Bilaspur, P.O. And P.S. Bilaspur, District Bilaspur, Chhattisgarh. 7 - Kumar Kavish S/o Ajay Kumar Singh, Aged About 32 Years, R/o Shiv Mandir Bhadani Nagar, P.O./P.S. Chikor, Distt. Ramgarh, State Jharkhand. 8 - Santosh Kumar Ram S/o Balmitra Ram, Aged About 36 Years R/o Village Sidhpokibasti, P.O. Nudkhurkee, P.S. Baghmara, Distt. Dhanbad, State Jharkhand. 9 - Dharmendra Kumar Sahni S/o Rajan Prasad, Aged About 34 Years R/o M/58, Ward No. 03, CRO Camp, P.O. West Jhagrakhand Colly, P.S. Khongapani (Np), Distt. Koriya, State Chhattisgarh. 10 - Tejesh Singh S/o Sheshnath Singh, Aged About 31 Years R/o Burragarh, Surendra Colony, P.O. / P.S. Jharna, Distt. Dhanbad, State Jharkhand. 11 - Vijay Mukherjee S/o Robin Mukherjee, Aged About 31 Years, R/o Village Karmatand, P.O. Karmatand, P.S. Durgda, Distt. Bokaro, State Jharkhand. 12 - Shubham Vilthariya S/o Rakesh Vilthariya, Aged About 30 Years 4 R/o Village Badwara, P.O. Badwara, P.S. Badwara, Distt. Panna, State Madhya Pradesh, Pin 488333. 13 - Balram Kumar Ray S/o Brispat Ray, Aged About 30 Years R/o Village Ranikhawa, P.O. Ranikhawa, P.S. Giridih, Distt. Giridih, State Jharkhand, Pin 815316. 14 - Vikas Kumar S/o Purushottam Singh, Aged About 30 Years R/o Village Bedau, P.O. Sare, P.S. Khetalpura, Distt. Nalanda, State Bihar. 15 - Anish Tiwari S/o Ram Raj Tiwari, Aged About 30 Years R/o Ward No. 02b/18, P.O. Bhaimudi, P.S. Anuppur, Distt. Anuppur, State Madhya Pradesh. 16 - Pradeep Singh Thakur S/o Parmeshwar Singh Thakur, Aged About 31 Years R/o Ward No. 01, Tarun Sharma Colony P.O. Titra, P.S. Titra, Distt. Bilaspur, State Chhattisgarh. 17 - Vivekanand Choudhary S/o Raghunand Choudhary, Aged About 30 Years R/o Village Chota Pichari, P.O. Kalyanpur, P.S. Barwada, Distt. Dhanbad, State Jharkhand. 18 - Mohit Kumar Amresh Singh S/o Amresh Singh, Aged About 31 Years R/o Parsa, P.O. Bel, P.S. Aurangabad, Distt. Aurangabad, State Bihar. 19 - Prakash Mondal S/o Amresh Singh, Aged About 31 Years R/o Parsa, P.O. Bel, P.S. Aurangabad, Distt. Aurangabad, State Bihar. 20 - Aman Kumar S/o Amresh Singh, Aged About 31 Years R/o Parsa, P.O. Bel, P.S. Aurangabad, Distt. Aurangabad, State Bihar. 21 - Sahil Rana S/o Pritam Rana, Aged About 31 Years R/o Near 5 Prathmik School, Daludih, Rajabhita Alias Rajganj, Distt. Dhanbad, State Jharkhand, Pin 828113. 22 - Mukesh Kumar S/o Degan Mandal, Aged About 34 Years R/o Village Chunglo, P.O. Chunglo, P.S. Jamuna, Distt. Giridih, State Jharkhand, Pin 815318. 23 - Rupesh Kumar Yadav S/o Ramdeo Prasad Yadav, Aged About 34 Years R/o Village Maheshlundi, P.O. Karharbari, P.S. Giridih (Muffasil), Distt. Giridih, State Jharkhand, Pin 815311. 24 - Rajkumar Mandal S/o Basanti Mandal, Aged About 34 Years R/o Village Madangundi, P.O. Baliyapur Pahari, Distt. Giridih, State Jharkhand, Pin 815316. ... Respondents (cause title taken from CIS) For Appellants : Mr. Ravindra Sharma, Advocate For Respondents : Mr. Jitendra Nath Nande, Advocate along with Mr. Ankit Bhoi, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 06.08.2026 1. Heard Mr. Ravindra Sharma, learned counsel for the appellants as well as Mr. Jintendra Nath Nande, Advocate along with Mr. Ankit Bhoi, learned counsel for the Respondents. 2. The present writ appeal has been filed by the writ appellants against the order dated 12.05.2026 passed by learned Single Judge in WPS No. 4058/2026, whereby the writ petition filed by the writ petitioners has been dismissed. Thereafter, the writ 6 appellants prefer the instant appeal before this Hon'ble Court with the following prayer:- “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow the the present appeal and set aside the impugned order dated 12.05.2026 passed in WP(S) 4058/2026 by the learned Single Judge of this Hon’ble Court, in the interest of justice.” 3. It has been pointed out by learned counsel for the appellants as well as learned counsel for the respondents that in an identical matter, this Bench had dismissed WA No. 625 of 2026 (Manoj Kumar Kanwar and others Vs. Coal India Limited and others) vide judgment/order dated 28.07.2026 observing as follows : “7. We have heard learned counsel for the parties and perused the judgment of the learned Single Judge dated 12.05.2026. 8. The learned Single Judge in his judgment dated 12.05.2026 observed that :- “5. From perusal of the record, particularly the communication dated 25.08.2016 (Annexure P-4), it appears that the age relaxation of 5 years in all the categories e.g. UR/SC/ST/OBC granted by CIL for recruitment to the post of Mining Sirdar and Overman was only a one-time measure and the said communication itself specifically provided that 'relaxation is applicable for once and notification to this effect for direct recruitment shall be circulated/published and completed within 1 (one) year'. It is not in dispute that the said notification had already worked itself out and its effect had expired much prior to issuance of the impugned advertisement dated 08.04.2026. 7 6. It is also evident from the material available on record that the petitioners had already participated in the earlier recruitment process initiated by SECL in the year 2023 for appointment to the post of Mining Sirdar. Merely because the petitioners have now crossed the upper age limit, no indefeasible right accrues in their favour to seek further relaxation as a matter of right. Grant of age relaxation falls within the domain of policy decision of the employer and unless the same is shown to be arbitrary. discriminatory or contrary to any statutory provision, interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India is not warranted. 7. As far as reliance placed by the petitioners upon the minutes of the meeting dated 22.7.2025 between Employees Association and CIL is concerned, at agenda No.4 there is a demand for age relaxation on account of non conducting the recruitment process owing to outbreak of COVID-19 pandemic for which a long deliberation took place wherein it was stated that the same will be considered and the petitioners have failed to show as to what happened in respect of the said issue. Even otherwise, it is a trite law that resolution is a mere recommendation and the same is not effective ipso facto. (See: Sant Lal Gupta and Ors. v Modern Cooperative Group Housing Society Ltd. & Ors. (2010) 13 SCC 336). 8. Furthermore, The Supreme Court in 'n' number of cases relating to eligibility conditions, age relaxation, qualification, etc. categorically held that such matters are essentially policy matters and the scope of judicial review in such matters is very limited. 9. In view of the above and keeping in mind the well settled principles of law, this Court does not find any 8 arbitrariness, illegality or mala fide in the impugned advertisement dated 08.04.2026 so as to warrant interference. The petitioners have also failed to demonstrate violation of any enforceable legal or statutory right. 10. Accordingly, the present writ petition, being devoid of merit, deserves to be and is hereby dismissed. 9. From perusal of the aforesaid judgment, we observed that the learned Single Judge, after considering that the communication dated 25.08.2016 granting five years' age relaxation for recruitment to the posts of Mining Sirdar and Overman was only a one-time measure and had already exhausted its operation, and further considering that the petitioners had already participated in the earlier recruitment process and that no vested right to claim further age relaxation accrued merely because they had subsequently crossed the upper age limit, held that grant of age relaxation is a matter of policy within the exclusive domain of the employer. The learned Single Judge also held that the minutes of the meeting dated 22.07.2025 were merely recommendatory in nature and did not confer any enforceable right upon the petitioners. Accordingly, finding no arbitrariness, illegality or violation of any statutory or legal right in the impugned advertisement dated 08.04.2026, the learned Single Judge rightly dismissed the writ petition. 10. Thus, we are of the considered opinion that the learned Single Judge has not committed any illegality, irregularity or 9 jurisdictional error in the impugned order warranting interference by this Court. 11. Accordingly, the writ appeal being devoid of merit is liable to be and is hereby dismissed. No cost(s)..” They further submitted that since the facts and issue involved in the present case is identical to that of WA No. 625 of 2026, this appeal may also be disposed of in the same terms. 4. Having considered the rival submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this appeal is identical to WA No. 625 of 2026, hence, this Court deems it appropriate not to take a view other than what has been taken in WA No. 625 of 2026. 5. Accordingly, the present appeal is dismissed in terms of the judgment/order dated 28.07.2026 passed in WA No. 625 of 2026 (Manoj Kumar Kanwar and others Vs. Coal India Limited and others). Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil