Kiran Jaiswal v. South Eastern Coalfields Limited

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9403 of 2019

1. Kiran Jaiswal D/o Late Manohar Jaiswal Aged About 29 Years

2. Shivratri Jaisawal W/o Late Manohar Jaiswal Aged About 58 Years both are R/o Village - Rajbandh, Post Thuthipakri Satka, Police Station Lakhanpur District Surguja Chhattisgarh. ---- Petitioners

Versus

1. South Eastern Coalfields Limited Through The Chairman Cum Managing Director, South Eastern Coalfields Limited, Registered Office At Seepat Road Bilaspur District Bilaspur Chhattisgarh.

2. The Chief General Manager South Eastern Coalfields Limited, Chirmiri Area Chirmiri District Korea Chhattisgarh.

3. The Deputy Regional Manager South Eastern Coalfields Limited Chirmiri Open Fast Project Chirmiri, District Korea Chhattisgarh. ----Respondents For petitioners - Shri Sunil Tripathi, Advocate. For respondents- Shri Sudhir Bajpai, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 09/12/2019 1.

The short grievance of the petitioner is that the father of petitioner No.1 Manohar Jaiswal was working with SECL he died in harness on 5/09/2005. Subsequently, petitioner No.1 after attaining the majority had applied for the retiral dues and compassionate appointment, however without assigning any reason, same is dismissed. 2.

Learned counsel for the petitioners submits that there has been certain dispute about succession. Consequently, despite the fact succession certificate have been issued by the Civil Judge Class-I, Manendragarh now appointment to the petitioner is being denied without assigning any reason only on the ground since death has occurred in 2005. Learned counsel submits that the respondents may be directed to reconsider and pass reasoned and speaking order as against the

application for compassionate appointment.

3.

Learned counsel for the respondents do not dispute the fact that fresh order may be passed in accordance with the policy of the SECL. 4.

Without any observation on the merits to cut short the litigation of future respondent No.2 is further directed to pass reasoned and speaking order as against the application for compassionate appointment after taking into account the entire documents which may be filed by the petitioner including the succession certificate within a reasonable time. 5.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri