2025:CGHC:29652 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 4156 of 2017 Digitally signed by HARNEET Order reserved on : 17.06.2025 HARNEETKAUR KAUR Date:

2025.07.01

17:39:49 +0530 Order delivered on : 01.07.2025 Smt. Nirmala Devi W/o Dwarika Prasad Tiwari Aged About 52 Years 400/220, K. V. Power Grid, Sub Station Bhatapara, Village Aalesur, Post Gurra, Police Station Bhatapara, Tahsil Bhatapara, District Baloda Bazar, Chhattisgarh. ... Petitioner versus

1. South Eastern Coal Fields Limited Through Chairman Cum Managing Director, Office At S. E. C. L. Head Quarters, Seepat Road, Bilaspur, Chhattisgarh.

2. Chief General Manager, Gevra Area, South Eastern Coal Fields Limited, Gevra Project, District Korba, Chhattisgarh.

3. Deputy General Manager, Mines Mines Manager, Gevra Project, South Eastern Coal Field Limited, District : Korba, Chhattisgarh.

4. Senior Manager Personnel South Eastern Coal Fields, Limited, Gevra Project, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Respondents For Petitioner : Mr. Alok Bakshi with Ms. Kusum Lalchandani and Mr. Shivansh Gopal, Advocates For Respondents : Mr. Sudhir Bajpai, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal C.A.V. Order

1. This writ petition under Article 226 of the Constitution of India is directed against order dated 06/07/2017 (Annexure P/1) passed by respondent No. 2 by which claim of the petitioner for grant of employment to her son in lieu of acquisition of her land has been rejected on two grounds, firstly, that the land acquired by the respondent SECL was not mutated in her name on the date of issuance of notification dated 19/10/1981 published on 07/11/1981 under Section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter, “the Act of 1957”) and secondly, that petitioner’s son namely Umesh Kumar Tiwari was born much later after the date of acquisition on 30/01/1985 and thus, he was not petitioner’s dependent on the date of acquisition, therefore, employment cannot be granted to him.

2. The aforesaid challenge has been made on the following factual backdrop :-

(i) This case has checkered history and this is the third round of litigation. On the basis of notification dated 19/10/1981 published on 07/11/1981 under Section 9(1) of the Act of 1957, petitioner’s land bearing khasra No. 704/4 area 0.21 acre situated at village Dipka was acquired for the public purpose of respondent SECL and compensation regarding the same was paid to her on 11/09/1985 accepting her to be the title-holder of the said land without any demur or objection, however, no employment was granted to her but she came to know that the respondents had granted appointment to one Nand Kishore Jaiswal by order dated 10/05/1993 who had been impersonating to be her son.

(ii) Petitioner then filed a representation before the respondent SECL that Nand Kishore Jaiswal had impersonated to be her son and has got employment in lieu of acquisition of her land fraudulently but since no action was taken by the respondents, petitioner filed a writ petition before this Court bearing Writ Petition No. 2621/2001 which was finally disposed of by this Court by order dated 10/03/2016 with a direction to the respondents SECL to conduct an inquiry against the said Nand Kishore Jaiswal as well as to keep a post vacant for her son.

(iii) Accordingly, matter was considered by the respondents and pursuant to inquiry, it was found that the said Nand Kishore Jaiswal had fraudulently obtained employment in lieu of acquisition of petitioner’s land and by order dated 20/22.10.2016, he was dismissed from service, however, no further objection was taken.

(iv) Thereafter, petitioner filed a representation before the respondents SECL for grant of employment to her son but it was not considered after which she again filed a writ petition before this Court bearing Writ Petition No. 2452/2015 whereby direction was given by this Court to the respondents SECL to take a decision upon p