Smt. Dhaneshwari Rathiya v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1494 of 2021

1. Smt. Dhaneshwari Rathiya Wife Of Mohar Singh Rathiya, Aged About 26 Years, Resident Of House No. 215, Village- Laat, Tahsil- Chhal, District- Raigarh (Chhattisgarh)

2. Himanshi Rathiya Daughter Of Mohar Singh Rathiya, Aged About 5 Years, Minor Represented Through Mother Smt. Dhaneshwari Rathiya, Resident Of House No. 215, Village- Laat, Tahsil- Chhal, DistrictRaigarh (Chhattisgarh) ---- Petitioners

Versus

1. South Eastern Coalfields Limited Through The Chief Managing Director, South Eastern Coalfields Limited, Headquarter- Seepat Road, Bilaspur (Chhattisgarh)

2. The Collector, District- Raigarh (Chhattisgarh)

3. The General Manager (Mines) SECL, Chhal Sub Area, District- Raigarh (Chhattisgarh)

4. The Deputy General Manager (Mines) SECL, Chhal Sub-Area, DistrictRaigarh (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Kamlesh Kumar Pandey, Advocate For State :

Mr. Sudeep Verma, Dy. G.A.

For SECL :

Mr. Anumeh Shrivastava, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 23.03.2021

1. The grievance of the petitioners is the inaction on the part of the respondents in not granting employment to petitioner no.1 against the land belonging to the petitioners which has been acquired by the State for other respondents.

2. Learned counsel for the petitioners, at this juncture, submits that let the petitioners make a fresh claim before the respondent no.2 supported with all relevant documents and rehabilitation policy which the respondent no.2 may consider in accordance with the rules and regulations governing the field and take an appropriate decision and If the petitioner no.1 is found entitled for, her name be sponsored to the Management of SECL for appropriate proceedings.

3. The limited prayer is not opposed by the learned counsel for the respondents.

4. Accordingly, the writ petition stands disposed of directing the petitioners to approach the respondent no.2 by way of a fresh claim application supported with all relevant documents and the respondent no.2 in turn, on due verification of the entitlement part in accordance with the rehabilitation policy/scheme governing the field, shall take an appropriate decision at the earliest, preferably within a period of 90 days from the date of receipt of the fresh claim application of the petitioner.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai