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2026:CGHC:6659

Digitally NAFR

signed by

AVINASH

AVINASH SHARMA

SHARMA Date: HIGH COURT OF CHHATTISGARH AT BILASPUR

2026.02.09

11:05:38

+0530

WPS No. 753 of 2023

Ku. Shakuntla @ Shakun D/o Late Smt. Manju, W/o Late Ramcharan

Aged About 18 Years R/o Ward No.38, 14 Number Block Domanhil,

Post Sonavani, Police Station And Tehsil Chirmiri, District : Koriya ,

Chhattisgarh.

... Petitioner.

versus

1 - South Eastern Coalfields Limited Through General Manager North

Chirmiri Domanhil Post Office Sonavani Coalry, District : Koriya

Chhattisgarh.

2 - Area Manager South Eastern Coalfields Limited, North Chirmiri

Domanhil Post Office Sonavani Coalry, District : Koriya Chhattisgarh.

3 - Shivshankar @ Shivkumar S/o Late Ramcharan Aged About 30

Years R/o Village Dhandhapur, Dumarpara, Police Station And Tehsil

Rajpur District Balrampur (C.G.) Presently Residing At Ward No.15 Gitti

Dafai Haldibadi, Police Station And Tehsil Chirmiri, District : Koriya

Chhattisgarh.

... Respondents.

For Petitioner : Shri Om Prakash Sahu, Advocate.

For Respondent : Shri Aditya Tiwari appears on behalf of Shri

Nos.1 and 2-SECL Shailendra Dubey, Advocates.

For Respondent : Shri Sapnomoy Chattopadhyay appears on

No.3 behalf of Shri Pushkar Sinha, Advocates.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

05/02/2026

1. This Writ Petition has been filed against the order dated

14.11.2022 passed by concerned authority of respondents-SECL

by which, claim of the petitioner for grant of dependent

employment has been rejected.

2. Petitioner has prayed for the following reliefs:-

10.1 That, this Hon'ble Court may kindly be pleased

to set aside the order dated 14.11.2022 passed by

respondent no.2 and further direct the respondent

authority to give compassionate appointment/

dependant employment to the petitioner in the

respondents establishment, in place of her mother

Late Manju, in the larger interest of justice.

10.2 That this Hon'ble Court may kindly be pleased

to direct the respondent authority to decide the

application filed by the petitioner claiming

compassionate appointment in place of her mother

Late Manju afresh strictly in accordance with law

applying scheme of NCWA without asking for NOC

of surviving heirs or respondent no.3 within

stipulated period of time, in the larger interest of

justice.

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10.3 Any other relief (s) that this Hon'ble Court may

deem fit to grant in the facts and circumstances of

this case.

3. Necessary facts of the case are that mother of the petitioner

namely late Manju died in harness on 10.05.2021 working in the

office of Respondent Nos.1 and 2. Late Manju was married to late

Ram Charan. Late Ram charan was earlier married to late

Chameli and out of their relations, Respondent No.3 Shivshankar

@ Shivkumar was born and hence, Respondent No.3 is step son

of late Manju whereas, petitioner is daughter. The petitioner earlier

approached this Court by filing WPS No.2774 of 2022 whereby,

this Court disposed of the said petition vide order dated

22.04.2022 directing the respondent Nos.1 and 2-SECL to take

appropriate decision on the claim of petitioner for dependent

employment strictly in accordance with the provisions of law

without insisting for getting a succession certificate for the reason

that the succession certificate cannot be issued for the purpose of

dependent employment. Respondent No.3 also approached this

Court by filing WPS No.4455 of 2022 wherein, this Court vide

order dated 30.06.2022 disposed of the said petition directing the

respondent authorities to consider and decide entitlement for

dependent employment of petitioner/Respondent No.3 herein as

well as Kum Shakuntala @ Shakun/petitioner herein strictly in

accordance with policy of dependent employment, formulated by

respondents/SECL. Vide annexure P/6, respondents-SECL asked

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both the petitioner and Respondent No.3 to obtain NOC from

other surviving legal heirs to get dependent employment. The

petitioner made efforts to obtain NOC but since Respondent No.3

himself is claiming dependent employment, therefo