JUDGMENT :

Ramesh Sinha, J.

1. Heard Mr. Vishal Bhatnagar, learned counsel for the appellants/SECL and Mr. Chandresh Shrivastava, learned counsel, appearing for the respondents.

2. The present appeal has been preferred by the appellants with delay of 133 days along with an application, I.A. No. 01 of 2023, for condonation of delay in filing the instant appeal. Though the respondents have filed reply to the said application for condonation of delay on 06.08.2023, opposing the same, no rejoinder has been filed by the appellants.

3. However, on due consideration and for the reasons mentioned in I.A. No. 01 of 2023, the same is allowed. Delay in filing the instant appeal is condoned.

4. With the consent of learned counsel for the parties, the appeal is heard finally.

5. The present intra Court appeal has been filed against the order dated 09.09.2022 passed by the learned Single Judge in WP(S) No. 591 of 2021 (Smt Sahodri Gond & Anr. Vs. South Eastern Coalfields Limited & others), whereby, the writ petition filed by the respondents herein has been allowed and directions were issued to the appellants to consider the respondents’ claim for grant of dependent employment in the light of order dated 13.07.2017 passed in case of Nutan Khusbhu Singh Vs. S.E.CL. & Others in WP(S) No. 3899 of 2016.

6. The brief facts of the case, as per the case of respondents in the writ petition, are that :-

(i) The son of respondent no.1 and brother of respondent no.2 late Lal Bahadur Singh was working as General Mazdoor Category-I in Churcha Mine, Baikunthpour, S.E.C.L. and expired on 26.10.2019. Thereafter, they approached the office of appellants for providing dependent employment to respondent no.2 Durga Singh, who is sister of the deceased employee. It is alleged that, vide office order dated 14.07.2020 (Annexure P/1 of the Writ Petition), the office of appellants rejected her claim on the ground that there is no provision in the Social Security Scheme of NCWA to provide dependent employment in favour of sister of the workman.

(ii) Being aggrieved by the above, the respondents has filed a writ petition before the this Court bearing W.P.S. No. 591/2021 Smt. Sahodri Gond & Another Vs. S.E.C.L. & Others. In the said writ petition, the appellants have filed their reply and contradict the averments of petition and explained the entire facts of the case in which specifically stated that, as per the service record of the deceased employee, the said Durga Singh is not the dependent upon the late Lal Bahadur Singh, therefore, she is not entitled for employment on compassionate ground, only on being a sister of the deceased employee.

(iii) The above case came up for hearing on 09.09.2022 before the learned Single Judge and the learned Single Judge has passed the impugned order dated 09.09.2022 directing the respondent/SECL to examine the case of the petitioner in the light of the judgment passed by the coordinate bench & Division Bench of this Hon'ble Court and affirmed by the Supreme Court as mentioned in aforesaid paragraphs" (i.e. case of Nutan Khushbu Singh Vs. SECL passed in W.P.S. No. 3899/2016 decided on 13.07.2017).

7. Mr. Vishal Bhatnagar, learned counsel for the appellants/SECL submitted that the deceased employee Late Shri Lal Bahadur Singh was working on the post of General Mazdoor in Churcha Mine RO of Baikunthpur Area S.E.C.L. and died in harness on 26.10.2019. He was appointed in service on compassionate grounds on 19.08.2011. As per the service record and Form-F ie, Gratuity Nomination Form of the deceased employee, he had a dependent only Smt. Sahodri as mother. In the Attestation Form the name of his mother Smt. Sahodri, brother Bhanu Pratap Singh, Sister Ku. Kavita Singh and Ku. Durga Singh, was mentioned as a family member.

8. He further submitted that the learned Single Judge has lost sight of the fact that in the case of Nutan Khushbu Singh (supra), the petitioner therein was a dependent sister of the deceased employee. The said fact has not even r