Chattisgarh High Court
Smt. Savitri Dubey vs Coal India Limited on 8 July, 2021
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3404 of 2021
Smt. Savitri Dubey W/o Shri Mahendra Dubey Aged About 30 Years R/o
Village And Post Office Tala, District Umariya Madhya Pradesh
---- Petitioner
Versus
1. Coal India Limited Through Its Chairman, Coal Bhawan, 10, Netaji Subhsh
Road, Calcutta, West Bengal.
2. South Eastern Coal Fields Limited (S.E.C.L.) Through Its Chairman Cum
Managing Director (C.M.D.) Seepat Road, Bilaspur Chhattisgarh.
3. Director (Personnel) South Eastern Coal Fields Limited (S.E.C.L.) Seepat ,
Road, Bilaspur Chhattisgarh.
4. General Manager (Personnel) South Eastern Coal Fields Limited
(S.E.C.L.) Sohagpur Area, P.O. Dhanpuri, District Shahdol Madya
Pradesh., District : Shahdol, Madhya Pradesh
5. Sub Area Manager (Personnel) South Eastern Coal Fields Limited
(S.E.C.L.) , Burhar Sharda Sub Area, P.O. Dhanpuri, District Shahdol
Madhya Pradesh., District : Shahdol, Madhya Pradesh
---- Respondents
For Petitioner : Ms. Meena Shastri, Advocate
For Respondents : Mr. Chandradeep Prasad, on behalf of
Mr. Vaibhav Shukla, Advocates
Hon'ble Shri Justice P. Sam Koshy
Order on Board
08/07/2021
1. Aggrieved by the inaction on the part of the respondents in not finalising
the claim of the petitioner for dependent employment the present writ
petition has been filed.
2. According to the petitioner the mother of the petitioner was under
employment under the respondents as a Guard at Burhar, Sharda Sub
Area under Dhanpuri, District Shahdol. She died in harness on
08.04.2018. The deceased employee Smt. Ram Bai Choubey was
survived by her two daughters at the time of her death, the petitioner is the
eldest daughter who was taking care of the deceased and was totally
dependent upon the income of the mother. In spite of the fact that she was
a married daughter, the petitioner the eldest daughter made an application
for compassionate appointment. However, till date the same has not been
finalized by the respondents.
3. Now the question as to whether the married daughter can be granted or
can be considered for dependent employment in terms of the National
Coal Wage Agreement(NCWA). The said issue has been by now well
settled by a series of judgments that followed the first judgment of Smt.
Asha Pandey Vs. Coal India Ltd. & Others, in WPS 4994/2015 which
has also been affirmed by the Division Bench of this Court as also by the
Supreme Court.
4. Given the aforesaid backdrop of the case, subject to the verification of
facts the writ petition at this juncture stands disposed of directing the
respondents no. 2 to 5 to take appropriate decision on the claim of the
petitioner for grant of dependent employment and while taking a decision
the authorities are also expected to bear in mind the judgment of this Court
in the case of Asha Pandey(Supra) and also other related judgment of
this Court on the same issue.
5. Let an appropriate decision be taken at the earliest preferably within a
period of 90 days from the date of receipt of copy of this order.
6. Writ Petition accordingly stands disposed off.
Sd/-
(P. Sam Koshy)
Judge
Rohit
