The South Eastern Coalfield Limited Vs Smt. Nanki Bai — Chhattisgarh HC (2025) — LawSathi Research

The South Eastern Coalfield Limited Vs Smt. Nanki Bai — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the appellants: both writ appeals dismissed, leaving the learned Single Judge's orders directing consideration of the compassionate appointment claims undisturbed.

Issue for consideration

Whether the writ appeals challenging the learned Single Judge's orders directing the appellants to consider the writ petitioners' claims for grant of compassionate appointment warranted any interference, in view of the fact that the issue involved had already been decided by a Division Bench of this Court and further affirmed by the Apex Court.

Court's answer

Since the issue involved in these appeals has already been decided by a Division Bench of this Court and further affirmed by the Apex Court, no interference is warranted with the orders passed by the learned Single Judge, and consequently both writ appeals are dismissed.

Detailed headnote1 paragraphs

Compassionate appointment — Coal sector undertakings — High Court of Chhattisgarh, Bilaspur (Division Bench: Ramesh Sinha, Chief Justice, and Bibhu Datta Guru, Judge; judgment dated 27/10/2025, Per Ramesh Sinha, Chief Justice) — Writ Appeals WA No. 131 of 2024 (The South Eastern Coalfield Ltd. and another v. Smt. Nanki Bai and another) and WA No. 243 of 2024 (Coal India Ltd., CMPDI entities v. Ambalika Mishra) — Challenge to orders of the learned Single Judge dated 08.12.2023 (WP(S) No. 4719/2020) and 03.01.2024 (WP(S) No. 9174/2023) allowing the writ petitions and directing the appellants to consider the writ petitioners' claims for grant of compassionate appointment expeditiously, preferably within two months, in light of The South Eastern Coalfields Ltd. & Others v. Smt. Sahodri Gond & Another, WA No. 183/2023 (decided on 09.08.2023), and Coal India Ltd. & Others v. Hamshika Mallick, WA No. 562/2016 (decided on 06.12.2016). Counsel for the appellants (Mr. Sudhir Kumar Bajpai) fairly submitted that the Special Leave Petition (Civil) No. 27572/2023 preferred against the Division Bench order in Sahodri Gond stood dismissed by the Hon'ble Apex Court vide order dated 29.04.2025, and sought dismissal of these appeals in the same terms; counsel for the respondents did not controvert. Held: since the issue involved had already been decided by a Division Bench of this Court and further affirmed by the Apex Court, no interference was warranted with the learned Single Judge's orders, and both writ appeals were dismissed. (Paras 1–5.)

1

2025:CGHC:52158-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WA No. 131 of 2024

1 - The South Eastern Coal�eld Limited Through Chairman-Cum Managing Director, Seepat Road, Bilaspur, District Bilaspur, C.G.

2 - South Eastern Coal�elds Limited Through Its General Manager, Bhatgaon Area, Dist. Sarguja (Ambikapur) C.G.

--- Appellant(s)

versus

1 - Smt. Nanki Bai Wd/o Late Jagdev Ram Aged About 55 Years R/o Village And Post Khamhariya, Block Udaypur, Dist. Sarguja C.G.

2 - Ramkumari D/o Late Jagdev Ram Aged About 28 Years R/o Village And Post Khamhariya, Block Udaypur, Dist. Sarguja (Ambikapur) C.G.

--- Respondent(s)

For Appellant(s) : Mr. Sudhir Kumar Bajpai, Advocate. For Respondent(s) : Mr. Vimlesh Bajpai, Advocate.

WA No. 243 of 2024

1 - The Coal India Limited Through Its Chairman 10 Netaji Subhash Road Calcutta (West Bengal)

2 - Central Mine Planning And Design Institute Ltd. Through Chairman At Godwana Place Kanke Road, Ranchi 834031

3 - Regional Director Central Mine Planning And Design Institute Cmpdi Complex Seepat Road, District -Bilaspur, Chhattisgarh.

--- Appellant(s)

versus

Ambalika Mishra D/o Late Shri Ashok Kumar Mishra Aged About 31 Years R/o Ward No. 07, Quarter No. 133, Ravinagar Basti, Poaradhar, (Nagar Parisad Dumrakachhar) Anuppur, Madhya Pradesh

--- Respondent(s)

2

For Appellant(s) : Mr. Sudhir Kumar Bajpai, Advocate. For Respondent(s) : Mr. Ajay Shrivastava, Advocate.

Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge

Judgment on Board

Per Ramesh Sinha, Chief Justice

27/10/2025

1 Heard Mr. Sudhir Kumar Bajpai, learned counsel for the appellant(s) as well as Mr. Vimlesh Bajpai and Mr. Ajay Shrivastava, learned counsel for the respective respondent(s)/writ petitioner(s).

2 Challenge in these appeals is to the order dated 08.12.2023 passed by the learned Single Judge of this Court in WP(S) No. 4719/2020 and 03.01.2024 passed in WP(S) No. 9174/2023 by which the writ petition �led by the writ petitioner(s) (respondents herein) were allowed and the appellants were directed to consider the claim of the writ petitioners for grant of compassionate appointment expeditiously preferably within two months from the date of receipt of the copy of the order in the light of the judgment passed by this Court in case of The South Eastern Coalfields Ltd. & Others v. Smt. Sahodri Gond & Another {WA No. 183/2023, decided on 09.08.2023} and Coal India Ltd. & Others v. Hamshika Mallick {WA No. 562/2016, decided on 06.12.2016}.

3 Mr. Sudhir Kumar Bajpai, learned counsel for the appellant(s) fairly submits that against the order passed by the learned Division Bench of this Court in Sahodri Gond (supra), the appellants had preferred a Special Leave Petition (Civil) No. 27572/2023 before the Hon’ble Apex

3

Court, which stood dismissed vide order dated 29.04.2025, as such, these appeals may also be dismissed in the same terms.

4 Learned counsel appearing for the respective respondents do not controvert the above submission.

5 Since the issue involved in these appeals has already been decided by a Division Bench of this Court and further aFrmed by the Apex Court, no interference is warranted with the order passed by the learned Single Judge and as such, both these appeals are dismissed .

Sd/Sd/(Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE

Amit

AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.10.28 11:10:45 +0530