Virendra Prakash Viswakarma and Another vs Western Coalfields Limited, Thr. Chairman-Cum-Managing Director, Nagpur and Others — Bombay HC (2026) — LawSathi Research

Virendra Prakash Viswakarma and Another vs Western Coalfields Limited, Thr. Chairman-Cum-Managing Director, Nagpur and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to consider petitioner No.1's application dated 22/08/2025 for compassionate appointment on its merits and in accordance with law within eight weeks from production of the Court's order, and to communicate the decision to the petitioners within two weeks of the decision; no costs.

Issue for consideration

Whether the respondents should consider petitioner No.1's application dated 22/08/2025 for compassionate appointment on its merits, notwithstanding the family dispute concerning the second wife and the allegation that petitioner No.1 is the illegitimate son of the deceased employee.

Court's answer

In view of the MOU dated 11/08/2006 and the formal no objection given by Smt Rajni Vishwakarma on 11/12/2010, the respondents are directed to consider petitioner No.1's application dated 22/08/2025 for compassionate appointment on its merits and in accordance with law within eight weeks of production of the Court's order, and to communicate the decision to the petitioners within two weeks of the decision.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Anil S. Kilor and Raj D. Wakode, JJ., 7 March 2026), in Writ Petition No.1986 of 2026 filed by Virendra Prakash Vishwakarma (petitioner No.1) and his mother (petitioner No.2, second wife of Prakash Vishwakarma, an employee of Western Coalfields Ltd. who died in harness on 06/09/2003): following a family dispute with the first wife Rajni, an MOU dated 11/08/2006 allotted terminal benefits to the first wife and the compassionate appointment claim to petitioner No.2, who was not granted appointment; petitioner No.1 applied on 22/08/2025, which the respondents were not processing, citing the dispute and his alleged illegitimacy. Relying on the MOU and the formal no objection dated 11/12/2010 given by Smt Rajni Vishwakarma, the Court directed the respondents to consider the application dated 22/08/2025 on its merits and in accordance with law within eight weeks of production of the order, and to communicate the decision within two weeks. Writ petition disposed of; no costs.

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2026:BHC-NAG:3889-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.1986 OF 2026

Virendra Prakash Vishwakarma and anr.

vs.

Western Coalfields Ltd. and ors.

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

- - - - Shri Ibrahim Abid Fidvi, Advocate for petitioners.

CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATED : 7^th March, 2026

Heard Shri Ibrahim Abid Fidvi, learned counsel for the petitioners.

The contention is that the petitioner No.1 is the son of petitioner No.2. The petitioner No.2 is the second wife of Prakash Vishwakarma who was the employee of the respondent and was working as SS Attendent. Prakash Viwshwakarma died in harness on 06/09/2003. After the death of the aforesaid employee, dispute arose between the first wife of Prakash viz. Rajni and the petitioner No.2 regarding the entitlement to the terminal benefits of Prakash and compassionate appointment. However, after an amicable settlement Memorandum of Understanding (MOU) was executed between the parties thereby distributing the terminal benefits to the first wife and the claim of compassionate appointment to the second wife i.e. petitioner No.2.

Accordingly, the petitioner No.2 had applied to the respondent for grant of appointment on compassionate basis. Shri Fidvi, learned counsel submits that since the petitioner No.2 could not be granted appointment on compassionate basis, petitioner No.1 applied to the

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respondent for grant of appointment on compassionate basis on 22/08/2025. The aforesaid application is at record page 50 (Annexure-15). Shri Fidvi, learned counsel submits that because of such dispute as to the second wife of Prakash Vishwakarma and the reason being petitioner No.1 is illegitimate son of the aforesaid employee, the respondents are not processing the application of the petitioners.

In view of above and for the reasons stated, more particularly the MOU executed between the parties on 11/08/2006 and the formal no objection given by Smt Rajni Vishwakarma on 11/12/2010 for the appointment to the petitioner on compassionate basis, the respondents are directed to consider the aforesaid application dated 22/08/2025 submitted by petitioner No.1 for appointment on compassionate basis on its merits and in accordance with law within a stipulated period of eight weeks from the date of production of the order of this Court. The decision taken thereupon shall be communicated to the petitioners within a period of two weeks from the date of such decision.

In view of aforesaid, the writ petition is disposed of. No costs.

Asmita

Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 09/03/2026 17:39:30