Southern Eastern Coal Fields Limited vs Smt. Meena Yadav
2024 Latest Caselaw 3297 MP

Madhya Pradesh High Court

Southern Eastern Coal Fields Limited vs Smt. Meena Yadav on 5 February, 2024

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                                                         1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                CHIEF JUSTICE
                                                      &
                                     HON'BLE SHRI JUSTICE VISHAL MISHRA
                                           ON THE 5 th OF FEBRUARY, 2024
                                             WRIT APPEAL No. 841 of 2023

                         BETWEEN:-
                         1.    SOUTHERN EASTERN COAL FIELDS LIMITED
                               THROUGH ITS CHAIRMAN CUM MANAGING
                               DIRECTOR    SEEPAT ROAD,    BILASPUR
                               (CHHATTISGARH)

                         2.    THE DIRECTOR (PERSONNEL) SOUTH EASTERN
                               COAL FIELD LTD. SEEPAT ROAD, BILASPUR
                               (CHATTISHGARH) (CHHATTISGARH)

                         3.    THE GENERAL MANAGER, JOHILA AREA SOUTH
                               EASTERN COAL FIELD LTD. POST OFFICE-
                               NOWROJABAD, DISTRICT UMARIA (MADHYA
                               PRADESH)

                         4.    THE SUB AREA MANAGER, UMARIA SUB AREA
                               SOUTH EASTERN COAL FIELD LTD. POST OFFICE-
                               UMARIA,   DISTRICT    UMARIA     (MADHYA
                               PRADESH)

                                                                                  .....APPELLANTS
                         (BY MR. ADITYA ADHIKARI - SENIOR ADVOCATE WITH MR. ABHIMANYU
                         SINGH - ADVOCATE)

                         AND
                         SMT. MEENA YADAV W/O SHRI TEJBALI YADAV, AGED
                         ABOUT 40 YEARS, VILLAGE KPILARI POST OFFICE
                         BHARAULA DISTRICT UMARIA (MADHYA PRADESH)

                                                                                  .....RESPONDENT
                         (BY MR. K.C. GHILDIYAL - SENIOR ADVOCATE WITH MS. WARIJA
                         GHILDIYAL - ADVOCATE )

Signature Not Verified
                               This appeal coming on for orders this day, Hon'ble Shri Justice Ravi
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 2/6/2024
11:53:28 AM
                                                              2

                         Malimath, Chief Justice passed the following:
                                                              ORDER

Aggrieved by order dated 11.04.2023 passed by the learned Single Judge in allowing the Writ Petition No. 24818 of 2022, directing the respondents to consider the claim of the petitioner to grant compassionate appointment within 30 days, the respondents therein are in appeal.

2. The point for consideration before the learned Single Judge was with regard to upper age limit of the claimant. That in similar situation, as held in W.A. No. 793 of 2021 disposed off on 17.02.2022 by this Court, the upper age limit was considered to be 45 years. Therefore, applying the aforesaid judgment

passed in the aforesaid writ appeal, the instant order was passed in the writ petition.

3. In view of the fact that the law has been settled with regard to upper age limit of the claimant, we do not find any good ground to interfere in the same.

4. The writ appeal being devoid of merit, is accordingly dismissed.

                               (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                 CHIEF JUSTICE                                            JUDGE
                         MSP