Shri Rajkumar v. Area Manager, Personnel South Eastern Coal Field Limited

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5044 of 2020 Shri Rajkumar S/o Late Shri Chhagan Singh Aged About 55 Years Working As Trammer In S.E.C.L. Rajgamar Colliery, R/o Village Dhengurdih, Post- Rajgamar, District Korba (Chhattisgarh) ---- Petitioner

Versus

1. Area Manager, Personnel South Eastern Coal Field Limited Rajgamar Sub Area, District Korba (Chhattisgarh)

2. Sub Area Manager South Eastern Coal Field Limited, Rajgamar Sub Area, District Korba (Chhattisgarh)

3. Manager (Servey) South Eastern Coal Field Limited, Rajgamar Sub Area, District Korba (Chhattisgarh) ----Respondents For Petitioner :

Mr. Ashutosh Shukla, Advocate For Respondents :

Mr. Vivek Agrawal, Advocate under instructions of Mr. Sudeep Agrawal, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 11/01/2021 1.

The grievance of the petitioner in the present writ petition is the nonreleasing of salary for a period from 05.01.2019 onwards. 2.

The contention of the petitioner is that the petitioner while working under the respondents met with a mining accident in the course of his employment in the year 1998 and since then he has been continuously taking treatment under the respondents and he has also on account of the accidental injury not been able to discharge his duties normally and occasionally has to go under medical treatment.

3.

According to the petitioner, for the intermittent period between 05.10.2018 to 05.01.2019, the petitioner was in fact paid half salary for that period, however subsequently thereafter no payment is being released to the petitioner under any head and on account of which the petitioner faces severe financial crises to sustain both the petitioner himself as also his dependents. The counsel for the petitioner submits that he has already made a representation to the respondent No.2 (Annexure P/4) which needs to be decided. 4.

The counsel for the respondents submits that since his representation is pending consideration, let the writ petition be disposed of directing the respondent No.2 to decide the representation in accordance with the Rules governing the field. 5.

In terms of the contentions made by the counsel for the respondents, the writ petition stands disposed of directing the respondent No.2 to decide the representation (Annexure P/4), which the petitioner has preferred at the earliest preferably within a period of 45 days from the date of receipt of the copy of this order. 6.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved