1 2026:CGHC:12826 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12492 of 2025 1. Nirmal Singh Garewal S/o Late Jasbir Singh Garewal Aged About 29 Years 2. Gajpal Singh Garewal, aged about 26 years, S/o Late Jasbir Singh Garewal. Both are R/o Maharshi Road, In front of Gitanjali Park Gate Mangla Tahsil And District- Bilaspur (C.G.) Mobile No. 7047654039 ... Petitioners versus 1. General Manager, South Eastern, Coalfields Limited Seepat Road, Sarkanda, Bilaspur Tahsil And District- Bilaspur (C.G.) 2. Regional Personnel Manager South Eastern Coalfields Limited Dipka Area Dipka, Tahsil, Katghora, District- Korba (C.G.) 3. Umesh Singh Mehra S/o Late Mangatrai Mehra Aged About 41 Years R/o B- 234, Pragati Nagar Dipka, P.S. And Tahsil Dipka, Distt. Korba, Chhattisgarh. ... Respondents For Petitioners : Mr. Ratnesh K Agrawal, Advocate For Respondent No.1 & 2 : Mr. Palash Tiwari, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2026.03.25 19:06:50 +0530 2 17/03/2026 1. Learned counsel for petitioners submits that petitioners’ father died in harness while working as Welder in the office of respondent No.2 herein. Thereafter, when petitioners have approached the authority concerned for grant of benefit of dependent employment, they were orally asked to submit succession certificate issued by the competent Civil Court. Petitioners moved to competent civil Court for obtaining succession certificate and a succession certificate (Annexure P-3) was issued in favour of petitioners on 1.3.2024. Respondent No.4 also applied for grant of succession certificate by filing an application, which was dismissed vide order dated 16.10.2024. Petitioners thereafter submitted an application before respondent authorities for grant of dependent employment, however, till date no decision is taken on the claim of petitioners for grant of dependent employment. 2. Learned counsel for respondent No.1 to 3 would submit that in the reply filed it has been pleaded that death-cum-retiral benefits have already been paid to petitioners. Grant of dependent employment to a family member of deceased employee who died in harness is different benefit which is extended to a family member of deceased employee pursuant to NCWA. Granting of death-cum-retiral benefits is to be paid to the family members even if family members claim for 3 dependent employment. He further contended that representation/ application for grant of dependent employment submitted after long lapse of time from the date of deceased employee. 3. Heard learned counsel for respective parties. 4. Date of death of father of petitioners in harness is not in dispute i.e. 15.5.2020. According to submission of learned counsel for petitioners, application for grant of succession certificate is submitted pursuant to oral information granted to them by the officer to whom they met requesting to grant dependent employment, which was granted by the competent Civil Court to petitioner vide order dated 1.3.2024, a copy of which is placed on record as Annexure P-3. Application for grant of dependent employment is submitted on 6.10.2025. Delay in submission of application is for the reason that respondent No.4 has also submitted an application for grant of succession certificate which was rejected vide order dated 16.10.2024. Under these circumstances, respondents authorities were expected to consider application submitted by the petitioners for grant of dependent employment in an objective manner. However, till date no heed is paid to the application of petitioners for grant of dependent employment. Hence, in the considered opinion of this Court, it would be appropriate to dispose of this writ petition directing 4 respondent authorities to consider claim of petitioners for grant of dependent employment in accordance with provisions of the National Coal Wage Agreement (NCWA). 5. Accordingly, this writ petition stands disposed of directing respondent No.1 to 3 to consider and decide claim/application of the petitioners for grant of dependent employment in accordance with the provisions of the National Coal Wage Agreement (NCWA) expeditiously, preferably within a period of four months from the date of receipt of the order. 6. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-