^ t<af> COITRT OF CHHATTISGARH AT BILASPUR WritPetifioii(S)No.llSlof20^ PETIITON^ : Smt. Daya Bai Dewangan, aged 60 years wife of Shri Holkar Dewangan, Gangman (Prematiirely retired before 62 yrs.) under SDO, PWD, (B&R) Gunderdehi, District Durg (CO). ^TERSUS EESPQNDENTS : 1. State Govenuiient of Chliattisgarli, through the Secretary Public Works Department Ministry^ DKS Bhawaii, Raipur (CG). 2. The Sub Divisional Officer, Public Works Department (B&R), Gunderdehi, District Diirg (WRIT PETTTION UNDER .4RTICLE 226 OF THE CONSTTTUTION OF INDIA) {SB: Hon'ble Mr. Satish K. Agnihotri, J.) Present : Sliri Sonikant Vemia, Advocate for the petitioiier. Shri A.S. Kachhvvaha, Deputy Advocate General for the State. ORALORDER (Passed on 218t ofFebruaiy, 2008) 1. Leamed comisel appeariiig for the petitioner submite that the petitioner who was appointed as daily wage labour in the establishment of respondents No. 1 and 2, seeks a relief that the petitioiier, being pemianent Gangiiiaii, be retired at the age of 62 years in accordance with the Chliattisgarh Shaskiya Sevak (Adhivarshiki-A^/ii) Adhimyam, 1967 (for short 'the Act, 1967') read with Fundamental Rule 56. 2. Accorclmg to leamed counsel for the petitioiier, the petitioiier attained the status ofpemiaiient employee, as defmed mider Rule 2(c) of the Chliattisgarh (Workcharged and Contingency Paid Employees) Pension Rules, 1979, framed imder Article 309 of the Constitiition of India. AAer having attamed the status of the penBanent emplo^e, the petitioiier would retire on attammg the age of 62 years osi superamiuatioii miderthe provisions ofthe Act, 1967. 3. Leamed counsel appearing for the petitioner subniits that the case ofthe petitioner is squarely covered by the decision of this Court passed on i i^S .1 ^^^y./ ^^^r^ 4th Januaiy, 2007 in Writ Petition No. 108 of2005 (Govmd & others Vs. State of Chhattisgarh and others) {2007(2) C.G.LJ. 29} and other comiected matters. 4. Leamed coiinsel appearmg for the State/respondeiits does iiot dispute the submissions made by leamed coynsel appearing forthe petitioiier. 5. Accordingly, th^ petitioner, -wb^ is permanenf Gangman, is enfMed to retire on attaining the age of 62 yeam m accordance with the provisioiis of the Act, 1967. The petitioii is accordiiigly allowed subject to verification offact asto whether the petitioiier has acqiiired the status of peniianeiit gaiigiiiaii. No order asto costs. Saliii Sd/- Satish K. Agnihotri Judge ^L^