Hamid Vs South Eastern Coalfields Limited

2. The petitioner is challenging the barbaric, inhuman and illegal action on the part of respondent authorities (SECL) by which electricity and water supply of quarter No.174 allotted to the petitioner by the SECL has been disconnected alleging that petitioner's son had supported bereaved family who lost his son on 22/04/2025 in untoward accident and succumbed to death. The petitioner and his family members are being punished and harassed for social work done by petitioner's family as if he had committed sin by helping the bereaved family. To live without electricity and water due to deliberate action of SECL authorities has caused mental agony to the petitioner and his family members. The disconnection of electricity and water supply amounts to violation of fundamental right of the petitioner guaranteed under Article 21 of the Constitution of India.

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3. The petitioner has sought following reliefs in this petition:

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“10.1 That this Hon'ble Court may kindly be pleased to issue a writ/order or suitable direction to the Respondent authorities to produce record for kind perusal of this Hon'ble Court.

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10.2 That this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus commanding the respondents to immediately restore electricity and water supply in petitioner's quarter no. 174, Churcha Mines Colony.

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10.3 That this Hon'ble Court may kindly be pleased to grant adequate compensation for barbaric action of disconnection of electricity and water supply and harassment caused to petitioner's family due to illegal disconnection of electricity and water.

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10.4 That this Hon'ble Court may kindly be pleased to grant any other ancillary relief by issuing any other suitable writ, direction or order, deems fit in the facts and circumstances of the case including cost of petition.”

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4. Learned counsel for the petitioner submitted that on 1.1.1985 the petitioner was appointed and joined as Conveyor Operator in SECL. On 31.7.2023, the petitioner superannuated on attaining the age of superannuation after completing unblemished service of 38 years. However, arrears of pay due to pay revision and amount towards CMPF (Coal Mines Provident Fund) for a period of 5 years have remained unpaid to the petitioner till date. On 18.3.2025, the petitioner made a representation addressed to the Personnel Manager for payment of his arrears. On 21.3.2025, the petitioner made representation to the Regional Commissioner, CMPF for payment towards CMPF for a period of 5 years. On 18.4.2025, the petitioner made a representation addressed to the General Manager, SECL, Churcha Mines (RO) for payment of the arrears.

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5. Learned counsel for the petitioner further contended that without paying arrears of the petitioner the respondent

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authority (SECL) ordered the petitioner to vacate House No.174 allotted by the SECL.

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6. In this regard, learned counsel for the respondents/SECL contended that the respondent authority (SECL) is ready to pay the amount due to be paid to the petitioner. In paragraphs 8 and 9 of the return, learned counsel for the respondents/SECL has stated the details of outstanding dues payable to the petitioner by the SECL. Paragraphs 8 and 9 of the return read as under:

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“8) That, Shri Hamid has filed a case WPS 2343 of 2025 against SECL management in the Hon'ble High Court of Chhattisgarh, Bilaspur for payment of amounts due to him by the company. After retirement, Shri Khalil has been paid his statutory dues such as CMPF Rs. 65,73,339.00, gratuity Rs. 20,00,000.00. Pension amount has been fixed at Rs. 24955.00, which is being paid to him every month by the CMPF office.

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The details of outstanding dues payable to Shri Hamid by SECL Management are as follows-

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Arrears of NCWA-11 - Rs 5,70,547.02

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PLR Bonus 2022-23 - ₹ 28,333.33

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PLR Bonus 2023-24 - ₹ 30,949.52

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Leave Encashment (07 days) - Rs. 34,880.00

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Total amount : ₹ 6,64,709.87

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Total Amount to be paid	6,64,709.87
Total Bills and dues (Till	59337.99
30th June)
Total Amount payable	605371.88

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Copy of the description of the documents related to the payment of the retiral dues to the petition is annexed here as ANNEXURE R/2.”

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7. Learned counsel for the respondents/SECL further contended that as on 30.6.2025 total amount due to be paid to the petitioner is Rs.6,64,709.87. However, since the petitioner has not vacated the house in question till date, an adjustment will have to be made based on the date of vacation of the house in question and thereafter the amount to be paid will have to be recalculated making the said adjustment.

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8. At this stage, learned counsel for the petitioner undertakes on behalf of the petitioner that if the respondent authority (SECL) pays all the dues to the petitioner then the petitioner shall vacate the house in question allotted by the SECL. Learned counsel further submits that before passing of order by the SECL for payment of arrears and dues payable to the petitioner, following points need to be taken into consideration by the SECL:

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(i) Revised pension on the basis of National Coal Wage Agreement,

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(ii) Interest on delayed payment of CMPF (except 1983 to 1989)

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(iii) CMPF from 1983 to 1989.

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9. Looking to the grievance raised by the petitioner, the respondent authority (SECL) is directed to pass appropriate orders towards payment of arrears and dues payable to the petitioner taking into consideration the aforesaid three points. The said authority shall pay the entire dues to the petitioner after making necessary adjustment based on the date of vacating the house in question by the petitioner. At this stage, learned counsel for the petitioner submits that the house in question will be vacated by the petitioner by 31.10.2025. In view of the submission made, it is ordered that the aforesaid adjustment be made accordingly.

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10. The writ petition is disposed of with the aforesaid directions.

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Sd/-

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( Arvind Kumar Verma )

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JUDGE

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Gopal

Hamid v. South Eastern Coalfields Limited

Case brief

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Hamid v. South Eastern Coalfields Limited

Case brief

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