VISHAL JEEVAN Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The petitioner's father namely, P.F. Jeevan, while working in South Eastern Coalfields Limited (SECL), after prolonged illness was declared medically unfit on 15/9/2008 and eventually and unfortunately, died on 15/4/2009. The petitioner being son, made an application for appointment as per the National Coal Wage Agreement-VI/VIII for dependent employment which was ultimately rejected on 29/10/2013 (not informed to the petitioner) on the ground that since the petitioner's mother is also working in SECL, the petitioner is not entitled for dependent employment.

(2.) Now, the petitioner has filed writ petition seeking direction for consideration of his case for dependent employment in terms of the order passed by this Court in the matter of Avinash Saloman v. South Eastern Coalfields Limited and others,2015 SCC OnLine Chh 388 which has been affirmed by this Court in Writ Appeal No.20/2016 (M/s South Eastern Coalfields Limited and others v. Avinash Saloman), decided on 11/10/2023, against which SLP has been preferred before the Supreme Court by the SECL which has also been dismissed in SLP (C) No.008608-008609/2024 (Diary No.12929/2024), disposed of on 10/4/2024. As such, the petitioner is entitled for dependent employment.

(3.) Return has been filed by the respondents/SECL opposing the writ petition and stating inter alia that the petitioner's mother is already in employment, therefore, the petitioner is not entitled for dependent employment.