NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(S) No. 720 of 2013 • Vishal Sandeep Soren S/o William Soren Aged About 26 Years, R/o South Jhagrakhand, Colliery, E/L, Under The Chaarcha, Premnagar, Post Ledri, P.S.-Jhagrakhand, Distt. Korea (C.G.)

---- Petitioner Versus

1. S.E.C.L. Through Managing Director S.E.C.L., Bilaspur (C.G.)

2. Sub Area Manager S.E.C.L. West Jhagrakhand Colliery, District Korea (C.G.)

3. Chief Personal Manager S.E.C.L., Hasdev Area, District Korea (C.G.)

---- Respondents CAUSE TITLE TAKEN FROM CIS PERIPHERY ----------------------------------------------------------------------------------

For Petitioner : Mr. Palash Rajani appears on behalf of Dr. Shailesh Ahuja, Advocate.

For Respondents : Mr. Ujjawal Choubey appears on behalf of Mr. Vaibhav Shukla, Advocate.

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Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

29.04.2024

1. The petitioner has filed this Petition for grant of dependent employment as the respondent authorities are not taking cognizance of his father’s physical disabilities of 100% and have rejected the representation on 08.06.2012(P-12).

2. Brief facts of the case are that father of the petitioner had joined services in the respondent organization as Machinist in the year

1972 and was superannuated on 31.03.2010. On 23.11.2007, he suffered paralytic attack and was treated at Apollo Hospital, Bilaspur and thereafter at Central Hospital, Manendragarh(P-2). On 05.01.2008, SECL granted half pay leave to the petitioner’s father w.e.f. 24.11.2007(P-3). On the basis of medical examination of 30.05.2008, half pay leave was again sanctioned on 31.05.2008(P-4).

3. Petitioner’s father could not recover from ill-health and he had moved a representation to adjudge his suitability under clause 6.4.03 of NCWA IV and petitioner’s father requested the respondent authorities to grant dependent employment to the petitioner/his son(P-6). Thereafter, he had appeared before the Medical Screening Board which was held on 19.07.2008 but petitioner’s father was not served with any report. Thereafter, he made a representation on 24.06.2008(P-7). Thereafter, the petitioner’s father was also examined by District Medical Board, District Hospital Chhattisgarh and 100% Physical Disability Certificate has been issued in his favour vide Annexure P-8. Thereafter, petitioner had filed a Writ Petition i.e. WPS No.3074/2010 and raised his grievance. The said petition was disposed of on 09.08.2010 directing the respondent authorities to consider and take appropriate decision on petitioner’s representation. Thereafter, the impugned order(Annexure P-12)

was passed on 08.06.2012. Hence this Petition.

4. In the return field by the respondent authorities, it has been stated that prior to superannuation, petitioner’s father had been recovering from ill-health and had resumed his services on 25.11.2008 and started working till his superannuation i.e. till 31.03.2010. The Medical Board of SECL in its proceedings held on 19.07.2008 had not recommended the petitioner’s father to be medically unfit under 9.4.3(R-1) and the petitioner’s father was not recommended to appear before the Medical Board. It has been further stated that Competent Authority had never directed the petitioner’s father to get himself examined by District Medical Board, District Hospital, Korea, therefore, the medical certificate dated 03.02.2010 declaring the petitioner’s father as 100% disabled cannot be treated to be authentic document, therefore, the claim of the petitioner was rightly rejected and the impugned order is just and proper which does not call for any interference.

5. Learned counsel for the petitioner submits that from 23.11.2007, petitioner’s father was suffering from illness due to paralyses, hemiplegia.

6. Upon being asked in regard to Grounds raised at Para 9.2 of the Petition, learned counsel for the petitioner fairly submits that no certificate with regard to