C W w L IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR wmmuo. H 9 77L /2oo7 / Ram Bishal, S/o. Shri Ram Sai, aged about 6O years, R/o. Village Tokro, Post Manikchauri, Tehsil Abhanpur, District Raipur (C.G.) VERSUS RESPONDENTS State of Chhattisgarh, Through Secretary, Public Works Department, Mantralaya, D.K.S. Bhavan, Raipur (C.G.) /2. Engineer in Chief Public Works Department, Mantralaya D.K.S. Bhawan, Raipur (C.G.) / WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS PROHIBITION CERTIORARI ETC. OR ANY OTHER DIRECTION OR ORDER TO DO JUSTICE IN THE MATTER @ HI COURT OF CHHATTISGARH AT BILASPUR W, P.(S) No, 1197 of 2007 Pefifioner : Ram Bishai Versus Respondenfs‘ : 51a1'e of Chhafrisgarh amd ano'rher- SB: Hon'bie Mr. JusficaSafish K. Agniho‘h'i. J Present Mr. sunil Ofwani, Advoca're for The pe‘rifioner. Mrs. Anju Ahuja, Dapu‘l'y Govt Advocafe for the Sfa‘re/responden'rs. O R D E R ‘ (Passed on +his 1* Day of Mar-ch, 2007) 1. By 1his pe+i+ion, Immed counsel appearing for fhe pefi1'ioner submiw fhaf The pefHioner was employed ds Gangman in fhe deparfmen'r of Public Works and fhe pe'ri‘tioner, who has worked for more man 30 years as Gongmon'seeks a reiief 'Hmf The pefirioner being permanen'f gongmon be re‘l'ired of 1he age of 62 year‘s in accordance wi‘rh +he Chhaifisgarh Shoskiyo Sevak (Adhivurshiki- Ayu) Adhiniyom, 1967 (for short '1'he Ad, 1967') read wifh Fundamen'fal Rule (for shor'r 'F.R.')56. ‘ According 'l'o learned counsel for the. pefi‘l'ioner. 'l'he pe‘l'ifioner af'rained fhe s'l’alus of permanent employee, as defined under Rule 2(c) of fhe Chhaf'fisgarh (Workcharged and Contingency Paid Employees) Pension Rules, 1979 (for shorf “the Rules, 1979'), framed under Article 309 of 'ihe Cons'rifu‘iion of India. Affer having arrained "the sfafus of ,fhe permanent employee 1'he @ pe'ri'rioner would rz‘rire on affain‘l'ing The age of 62 years on superannuation under 'rhe provisions of fhe Ac‘r, 1967. . Learned counsel appearing for fhe pe'ri'rioner would submif fha'f The case of fhe pefi'rionar is squarely covered by The decision of 'rhis Court passed on 4*” January, 2007 in w.P. Na. 108/2005 (Gonna Vs. Smfe of Chhatfisgarh & ofhers) and o'rher connecfed ma'r'rers. . Learned counsel appearing for fhe responden‘ls/S'ra'ie does no'r dispufe The submissions made by learned counsel for The peti'l'ioner. . Accordingly, fhe pefifioner, who is permanen'r gangman, is en'iifled 1'0 refine on affaining 'rhe age of 62 years in accordance wifh the Acf, 1967. The pefiiion is accordingly allowed. No order as 1'o cos'l-s. M \| Sdl- ,_’ Subhash Satish K. Agnihotri Judge