High Court Of ChhattisgarhWPS/910/2017disposed off

Smt. Jeth Kunwar v. Chairman Cum Managing Director, South Eastern Coalfields Limited

2017-02-22Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.910 of 2017 Smt. Jeth Kunwar W/o. Late Shri Chandan Singh, Aged About 52 Years R/o B. L. P.- 03/3345, South Eastern Coalfields Limited, Kusmunda Area, District Korba (Chhattisgarh) ---- Petitioner

Versus

1. Chairman Cum Managing Director, South Eastern Coalfields Limited South Eastern Coalfields Limited Bhawan, Seepat Road, Bilaspur, District Bilaspur (Chhattisgarh).

2. General Manager, South Eastern Coalfields Limited, South Eastern Coalfields Limited Bhawan, Seepat Road, Bilaspur, District Bilaspur (Chhattisgarh).

3. General Manager, Kusmunda Area, South Eastern Coalfields Limited, Kusmunda Colliery, District Korba (Chhattisgarh).

4. Regional Commercial Manager, Kusmunda Area, South Eastern Coalfields Limited, Kusmunda Colliery, District Korba (Chhattisgarh). ---- Respondents For Petitioner Shri Prateek Sharma, Advocate.

For respondents Shri Shailendra Shukla, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 22/02/2017

1. The present petition has been preferred assailing the order dated 30.01.2017 passed by the respondents intimating the petitioner that she would be retiring on attaining the age of superannuation on 31.03.2017.

2. Counsel for the petitioner submits that this is second round of litigation. The earlier round of litigation was also for the same cause of action in respect of notice which was issued on 06.10.2016 against which writ petition (S) No.6288 of 2016 was filed. The said writ petition was disposed of on 08.12.2016 directing the respondents to refer the matter of the petitioner to the Age Determination Committee which shall

consider and decide the case of the petitioner within a period of three months from the date of receipt of copy of order.

3. Pursuant to disposal of writ petition, letter dated 17/21.01.2017 was issued asking the petitioner to report for examination before the Age Determination Committee on 25.01.2017.

4. Counsel for the petitioner submits that subsequently there has been no intimation to the petitioner in respect of the outcome of the said committee. The committee has not intimated about the development taken thereafter and straightway the impugned order has been issued which is nothing but repetition of the earlier letter dated 06.10.2016.

5. At this juncture, this court is of the opinion that since the petitioner has already been directed to be examined by the Age Determination Committee, the said committee's report would be important and the petitioner is entitled for the intimation of the committee's report. Accordingly, the respondents are directed to ensure providing of committee's report to the petitioner immediately so that in case if the petitioner intends to challenge, the same can be challenged by the petitioner, if law so permits.

6. It is expected that the respondent No.3 shall provide the report of Age Determination Committee to the petitioner preferably within a period of two weeks from the date of providing of certified copy of this order to the respondent No.3.

7. With the aforesaid direction, the petition stands disposed of. Sd/- (P. Sam Koshy) Judge inder