South Eastern Coalfield Ltd. v. Ramkeli

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 154 of 2020 (Arising out of order dated 10.12.2019 passed in Writ Petition (S) No.3092 of 2013 by the learned Single Judge) 1.

South Eastern Coalfield Ltd. Through Chairman- Cum- Managing Director, South Eastern Coalfield Ltd. Seepat Road, Bilaspur Chhattisgarh. 2.

Chief General Manager South Eastern Coalfield Limited Chirimiri Area, District Koriya Chhattisgarh.

3.

Sub Area Manager South Eastern Coalfield Limited NCPH Colliery, Chirimiri Area, District Koriya Chhattisgarh. ---- Appellants

Versus

Ramkeli D/o Late Genduram Aged About 40 Years R/o Hiragir Dafai, Haldibadi, P. S. Chirimiri, District Koriya Chhattisgarh. ---- Respondent ________________________________________________________________ For Appellants : Shri Raj Kumar Gupta, Advocate For Respondent : Shri Chandresh Shrivastava, Advocate _________________________________________________________________ Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgement on Board P. R. Ramachandra Menon, Chief Justice 04.03.2020 1.

This appeal is against the verdict dated 10.12.2019 passed by the learned Single Judge in Writ Petition (S) No.3092 of 2013 directing the Respondents in the writ petition to consider the claim of the writ Petitioner for dependent employment and to grant the same subject to fulfilment of other requirements entitled for the dependent employment in terms of the relevant provisions of law governing the field. In fact, the said verdict was passed with reference to the judgment passed by the Division Bench in

Writ Appeal No.246 of 2016 (parties being, Coal India Limited and Others v. Smt. Asha Pandey) and connected cases on 03.09.2019. 2.

It was pointed out from the part of the Appellant that the judgment in Writ Appeal No.246 of 2016 and connected cases have already been taken up by filing SLP before the Supreme Court and the matter was pending consideration. However, it was brought to the notice of the Court in connection with the issue pending in Writ Appeal No.213 of 2020 filed by the very same Appellant before this Court in connection with another cause of action that the SLP had been dismissed and in the said circumstance, we passed a detailed order on 25.02.2020 in the said case holding that the verdict passed by this Court in Asha Pandey's case having become final, by virtue of the affirmation given by the Apex Court on merits, the appeal stands dismissed as devoid of any merit. 3.

Same consequence shall follow in the present appeal as well. There is no merit, it is dismissed in terms of the verdict passed by this Court in Asha Pandey's case as affirmed by the Apex Court.

Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Anu