1 2026:CGHC:8606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9108 of 2025 1. Smt. Lalita Wd/o Late Santosh Kumar Aged About 41 Years Caste- Satnami, R/o Ward No. 18, Mohan Colony, Haldibadi, Chirmiri, P.S. & Tahsil- Chirmiri, District- Koriya, M.C.B., C.G. ... Petitioner versus 1. South Eastern Coalfield Limited, Through Its Chairman-Cum- Managing Director, S.E.C.L. Bhavan, Seepat Road, P.O. Box- 60, Head Quarter Bilaspur, Distt. Bilaspur, C.G. 2. Chief General Manager (M) S.E.C.L., N.C.P.H.-Colliery-At- Chirimiri, P.O.- Haldibadi, District- Korea, M.C.B., C.G. 3. Sub-Area Manager S.E.C.L., N.C.P.H.-Colliery-At-Chirimiri, P.O.- Haldibadi, District- Korea, M.C.B., C.G. ... Respondents For Petitioner : Mr. J.A. Lohan, Advocate For Respondents : Mr. Pankaj Agrawal, Advocate Hon'ble Mr. Justice Parth Prateem Sahu Order On Board 17/02/2026 1. Petitioner has filed this writ petition seeking following reliefs:- 10.1.That, this Hon’ble Court may kindly be pleased to direct the respondent authority to consider and decide the representation made by the petitioner for consideration of his claim for his appointment on compassionate-ground SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2026.02.17 19:35:56 +0530 2 being dependent in terms of clause 9.3.3 of the NCWA within prescribed limits, in accordance with law. 10.2. Any other relief which this Hon’ble Court may deem fit and proper also kindly be granted to the petitioner, including cost of this writ-petition, in the interest of justice” 2. Learned counsel for petitioner submits that petitioner submitted an application for grant of dependent employment, however, instead of considering claim of petitioner for dependent employment, respondent authority concerned issued letter 01.11.2021, Annexure P-1, asking petitioner to submit application for grant of monetary compensation in lieu of dependent employment. He submits that as per provisions of the Scheme for dependent employment under the National Coal Wage Agreement (NCWA) prevailing at the time of death of petitioner’s husband, monetary compensation is to be granted only when it is not possible to grant dependent employment to a dependent woman who is aged about 45 years. On the date of submission of application for grant of dependent employment, petitioner was below 45 years of age. Therefore, respondents be directed to consider application for petitioner for grant of dependent employment strictly in accordance with the provisions of scheme for dependent employment prevailing on the date of submission of application by petitioner under NCWA. 3 3. Learned counsel for respondents would submit that petitioner being a woman is offered monetary compensation under an alternate scheme which is prevailing under the NCWA. However, in view of submission made by learned counsel for petitioner that said proposal is not acceptable to petitioner and application submitted by petitioner for dependent employment be considered afresh in light of the provisions of NCWA prevailing on the date of submission of application, it will be considered accordingly. 4. Heard learned counsel for respective parties and perused documents available in record of writ petition. 5. Along with writ petition, petitioner has enclosed the scheme for dependent employment as Annexure P-5. Clause 9.5.0 of the Scheme deals with employment/monetary compensation to female dependent. Clause 9.5.0 (ii) specifically provides that female dependent below 45 years will have an option either to accept the monetary compensation or employment. In case at hand, it is specific stand of the petitioner that she is not interested in accepting monetary compensation and she wants dependent employment. 6. In the above facts of the case and considering relevant clause of the scheme for dependent employment (Annexure P-5), in the opinion of this Court, letter dated 01.11.2021 (Annexure P-1) is not sustainable and liable to be quashed. 4 7. Accordingly, writ petition is allowed. Letter dated 01.11.2021 (Annexure P-1) is quashed. Respondents are directed to consider application of petitioner for grant of dependent employment strictly in accordance with provisions of NCWA prevailing on the date of submission of application by petitioner expeditiously, preferably within a period of two months from the date of receipt of order. 8. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-