Chattisgarh High Court
South Eastern Coalfields Limited vs Smt. Parwati on 29 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCC No. 207 of 2022
1. South Eastern Coalfields Limited Through Chairman Cum Managing
Director, South Eastern Coalfields Limited, Head Quarter, Seepat Road,
District Bilaspur Chhattisgarh.
2. Chief General Manager South Eastern Coal Fields Ltd., Baikunthpur
Area, District Koriya Chhattisgarh.
3. Sub Area Manager Charcha Mine, South Eastern Coal Fields Ltd., R/o
Post Charcha Colliery , District Koriya Chhattisgarh.
4. Deputy Manager (Personnel) Charcha Mine, South Eastern Coal Fields
Ltd., R/o Post Charcha Colliery , District Koriya Chhattisgarh.
---- Applicant
Versus
Smt. Parwati D/o Late Shri Ram Kumar , W/o Late Rajendra Soni Aged
About 29 Years R/o Katora, Post Patna, Tehsil Baikunthpur , District
Korea Chhattisgarh.
---- Non-applicant
For Applicant : Mr. Vinod Kumar Deshmukh,
Advocate
For Respondent : Mr. Shashank Thakur, Advocate
Hon'ble Shri Justice P. Sam Koshy
Order on Board
29/04/2022
1. The present MCC has been filed seeking recalling of the order dated
26.10.2021 passed in WPS No. 5856/2021. The WPS No. 5856/2021
was filed by the Non-applicant Smt. Parwati. The writ petition was filed
on the ground that the respondents had rejected the candidature of the
petitioner Smt. Parvati on the ground that she was a maried lady. This
Court while entertaining the writ petition allowed the same on 26.10.2021
on the ground that the stand of the respondents in rejecting the claim of
the petitioner on account of her being a married lady to be bad in law in
the light of series of judgments passed by this Court leading among
which being the case of 'Smt. Asha Pandey v. Coal India Limited &
others' (WPS No.4994 of 2015).
2. The reason why the applicant has filed the application for recall is that
there was yet another lady in the name of Bilaso Bai, who has put up her
claim for dependent employment claiming herself to be second wife of
the deceased late Ram Kumar. The said application of Bilaso Bai also
stood rejected by the Department on 20.05.2020 and the rejection of
Bilaso Bai's candidature for dependent employment is already under
challenge before this Court in WPS No. 5878/2020 and the writ petition
is still pending.
3. According to the counsel for SECL, since the claim of Bilaso Bai is
already sub judice before this Court and that she also has put up her
claim of being the second wife of the deceased and has also put up her
claim for dependent employment, the management of SECL as of now
may find difficulty in processing the claim of the Non-applicant Smt.
Parwati, the original petitioner in WPS No. 5856/2021.
4. Having heard the contentions put forth by the counsel for the applicant
this Court is of the opinion that there is no need for recalling of the order
passed in WPS No. 5856/2021 decided on 26.10.2021 for the reason
that all that this Court has decided is that the claim of Smt. Parwati for
dependent employment could not have been rejected only on the ground
of she being a married daughter of the deceased in the light of the series
of judgments of this Court starting from 'Smt. Asha Pandey v. Coal India
Limited & others'. The intention of this Court further was that the
authorities may consider the case of Smt. Parwati on all other grounds
available except for the ground of her being a married daughter. That in
the process if there is yet another claim by Smt. Bilaso Bai that would
also be taken care of by the respondents on its own merits in
accordance with law and only for that purpose the order dated
26.10.2021 need not be recalled. It would be open for the respondents
applicant-the management of SECL to take an appropriate decision on
its own merits in accordance with law.
5. With the aforesaid observations, the present MCC stands disposed of.
Sd/-
(P. Sam Koshy)
Judge
Ved
