^ ww^ C^'- \ffc>i IN_THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) N0. I P^<4 / 2007 Petitioner ^ Ramlal, Aged about 59 Years, S/o Shri Kartik working as «-'^ ^Gangman, in permanent gang, <>• <:- <£'• ^- .ff^ -^ .•••' Office of S.D.O. Public Works '^}\rJ^ .-•• . _ . _. . . Department, Sub Division Bemetara, Dist : Durg-(C.G.) R/o Ddolia, Charbhata, Post - Jhal, Bemetara, Dist :m Durg- (C.G.) ^•(<?°^ ^t^ .^i ^y ""''~"/l^'~^'' Versus •i-ti Respondents : /l) Stateof Chhattisgarh Through-The Secretaiy Public Works Department, r^i'-^^.'-OpY Mantralaya, D.K.S. Bhawan, l$fe/?/°7 Raipur-(C.G-) ^^< A. G. 611-'^^"^) Engineer-In-Chief, Public Works Department, Near 'Raj Bhawan', Dist: Raipur-fC.G.) ^3) Superintending Engineer, Publi6a'Works Department, Raipur Division, Dist: Raipur-(C.G.) ^4) Executive Engineer, Public Works Department, Tehsil & Division Bemetara, Dist: Durg-(C.G.) <-' '¥. (2) ,5) TheSubDivisionalOfficer, Sub Division Bemetara, Tehsil - Bemetara, Dist: Durg-(C.G.) WRIT PETITION UNDER ARTICE 2^6 OF THE CONSTITUTION OF INDIA ^ ~77—--7- • XI K HI6H COURT OF CHHATTIS6ARH AT BILASPUR W. P.fS) No. 1204 of 2007 Petitioner ftamlal •<t Versus Respondents : State of Chhatt-isgarh and o-thers SB: Hon'bte Mr. Justice Satish K. Agnihotri. J Present: Mr. Rakesh Arrthony, Advocate for the petitioner. Mrs. Anju Ahuja, tteputy Sovemment Advocate for the State/refipondents. ORDER (Possed on this 1st boy of March, 2007) 1. By this petition, leamed counsel oppearing for -the pztitioner submits that the petitioner was employed in the year 1977 <xs permanent Sangman, who has worked about 30 years as 6an9man seeks a reh'ef -riiat the petitioner being permonent gangmon be retired at the age of 62 years in accordance with the Chhatt-isgarh Shaskiya Sevak (Adhivoirdiiki-Ayu) Adhiniyam, 1967 (for short- 'the Act. 1967') read with Fundamental Rule (for short- "F.R.')56. 2. According to leamed counsel for the petitioner, the petitioner aUained the status of permanent employee, as defined under Rule 2(c) of the Chhattisgarh (Workcharged and Contingency Paid Employees) Pension Rules, 1979 (for ^iorl- '-the Rutes, 1979'), framed under Article 309 of the Constitution of India. After hwing att-ained the status of the permcxnent employee the petitioner would retire on attainting the age of 62 years on superonnuation under the provisions of the Act, 1967. ;~-\ x 3. Leamed counsel oppearing for the petitioner would submit that the case of the petitioner is squarely covered by the decision of this Court passed on 4th Jonuary, 2007 in W.P. No. 108/2005 (6ovind Vs. State of Chhattisgarh & others) and other connected matters. 4. Leamed counsel oppearing for the respondents/State does not dispu'te the submissions nwde by leamed counsel for -the petitioner. •< $ubhosh 5. Accordingty, the petitioner, who is permanent gangmcn, is entitled to retire on attaining the age of 62 years in accordance with the Act. 1967. The petition is accordingly atlowed. No order as to costs. Sd/- Satish K. Agnihotri Judge t