Ku. Komal Khatik @ Komal Bogariya v. The Chairman/ Managing Director, Secl Basant Bihar
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5181 of 2021
1. Ku. Komal Khatik @ Komal Bogariya D/o Late Ratan Kumar Khatik Aged About 23 Years R/o Javahar Colony, Near Bus Stand Ramgarh Road, Mauha, Post And Tahsil Mauha, District Dausha Rajasthan.
2. Smt. Vidhadevi @ Vidhyadevi Wd/o Late Ratan Kumar Khatik Aged About 47 Years R/o Javahar Colony, Near Bus Stand Ramgarh Road, Mauha, Post And Tahsil Mauha, District Dausha Rajasthan.
---- Petitioner
Versus
1. The Chairman/ Managing Director, SECL Basant Bihar Seepat Road, Bilaspur , District Bilaspur Chhattisgarh.
2. Chief General Manager S.E.C.L. Chirmiri Area, Post Chirmiri, Tahsil Baikunthpur , District Koriya Chhattisgarh.
3. Deputy Regional Manager S.E.C.L. Chrimiri Area, N.C.P.H. Colary Post Haldibadi , Khandgavan, District Koriya Chhattisgarh. ---- Respondents For Petitioner :
Mr. Rajkumar Pali, Advocate.
For Respondents :
Mr. Vivek Chopda, Advocate.
Hon'ble Shri Justice P. Sam Koshy Order On Board 24.09.2021
1. The grievance of the petitioner in the present writ petition is the alleged inaction on the part of the respondents in not finalizing the claim of the petitioner for dependent employment.
2. The contention of the petitioner is that his father died in harness on 17.10.2013, thereafter the petitioner in-terms-of the provisions
applicable under the Department, had claimed for dependent employment, however till date the application has not been finalized.
3. Counsel for the petitioner submits that he has been made to run from pillar to post and the authorities are somehow deferring the case from taking a final decision.
4. Per contra, the learned counsel appearing for the respondents submits that since there was certain queries made by the respondents which till date has not been furnished by the petitioner, therefore a decision could not be taken. He further submits that subject to the petitioner filing an affidavit in-respect of contention/dispute pertaining to his name and his completing the other requisite formalities, the claim of the petitioner shall be duly considered/decided in-terms of the provision of NCWA.
5. Given the said submission by the counsel for the respondents, the present writ petition at this juncture is disposed of directing the petitioner to immediately furnish necessary details as sought for by the respondents and also to complete the requisite formalities and on competition of the same, the respondents are expected to take a decision within a period of 60 days from the date, the petitioner completes the formalities.
6. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge J/-
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 686 of 2021 1.
The Chairman / Managing Director, South Eastern Coalfields Limited, Basant Bihar, Bilaspur, District Bilaspur Chhattisgarh 2.
Chief General Manager, S.E.C.L. Chirimiri Area, Post Chirimiri, Tehsil Baikunthpur, District Koriya Chhattisgarh 3.
Deputy Regional Manager, S.E.C.L. Chirimiri Area, N.C.P.H. Colliery Post Haldibadi, Khandgavan, District Koriya Chhattisgarh. ---- Applicants
Versus
1.
Ku. Komal Khatik @ Komal Bogariya, D/o Late Ratan Kumar Khatik, Aged About 23 Years R/o Javahar Colony, Near Bus Stand Ramgarh Road, Mauha, Post And Tehsil Mauha, District Dausha Rajasthan. 2.
Smt. Vidhadevi @ Vidhyadevi Wd/o Late Ratan Kumar Khatik, Aged About 47 Years R/o Javahar Colony, Near Bus Stand Ramgarh Road, Mauha, Post And Tehsil Mauha, District Dausha Rajasthan. ----Respondents For Applicants :
Mr. Shubham Pandey, Advocate Hon'ble Mr. Justice P. Sam Koshy Order on Board 15/12/2021 1.
The present MCC has been filed seeking extension of time for compliance of the order passed by this Court on 24.09.2021 in WPS No. 5181/2021.
2.
Learned counsel for the applicants submits that the respondents have already processed the claim of the petitioner, so far as grant of dependent employment is concerned. However since the formalities were not completed in terms of the requirement of the applicants and for want of certain additional information, which has been sought by the applicants from the petitioner vide the correspondence dated 22.11.2021, the necessity to file the present MCC has arisen and
prays for a further extension of time enabling the applicants to conclude the proceedings at the earliest.
3.
Given the entire facts and circumstances of the case and also considering the submissions put forth by the counsel for the applicants, strong case for allowing the MCC has been made out. Accordingly, the applicants are granted further 60 days time to conclude the proceedings in terms of the directions given by this Court.
4.
With the aforesaid observations, the present MCC stands disposed of. 5.
Let a copy of this order be made part to the record of WPS No. 5181/2021.
Sd/- (P. Sam Koshy) Judge Ved