Smt. Phool Kunwar v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.807 of 2016

1. Smt. Phool Kunwar, Wd/o late Lamai Das, aged about 60 years, R/o village and Post Khongapani (Bailardafai), Ward No.5, Tahsil Manendragarh, P.S. Jhagrakhand Colliery, District Korea (CG).

2. Chhotu Prasad, S/o late Lamai Das, aged about 43 years, R/o Village and Post Khongapani (Byalardafai), Ward No.5, Tahsil Manendragarh, P.S. Jhagrakhand Colliery, District Korea (CG). ---- Petitioner

Versus

1.

South Eastern Coalfields Limited, through Chairman-cumManaging Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur (CG).

2.

Chief General Manager, South Eastern Coalfields Limited, Chirmiri Area, District Korea (CG).

3.

Sub Area Manager, South Eastern Coalfields Limited, West Chirmiri Colliery, P.O. West Chirmiri, District Korea (CG). 4.

Ganesh Prasad, R/o Premnagar, West Chirmiri Colliery, P.O. West Chirmiri, District Korea (CG).

--- Respondents For Petitioner :

Shri Chandresh Shrivastava, Advocate For Respondents :

Dr. N.K. Shukla, Sr. Advocate with Shri Shailendra Shukla, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/03/2016 (1) Heard.

(2) Learned counsel appearing for the petitioners submits that late Lamai Das is the husband of petitioner No.1 and father of petitioner No.2, who died in harness on 11.07.1989 while was working as Haulage Pump Driver at West Chirmiri Colliery. The petitioners have

made an application for appointment on compassionate ground which is pending consideration before the competent authority and as the same has not been considered and decided till this date in accordance with law by the competent authority and, therefore, a direction may be issued to respondents to decide the same expeditiously. (3) Prayer appears to be fair and reasonable.

(4) Be that as it may, respondent authorities are directed to consider and pass an appropriate orders on application of the petitioners for dependant appointment in accordance with law expeditiously preferably within a period of forty-five days from the date of receipt/production of copy of this order.

(5) With the aforesaid observations, the writ petition stands disposed of.

(6) It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to decide the application of the petitioners in accordance with law. Sd/- (Sanjay K. Agrawal) Judge L/-