i IN THE HIGH COURT OF JUDICATURE, CHHATTISGARH AT BILASPUR W.P. 6ocs4- OF 2005 Petitioners .^y^S^'". •.'tiW'-y ..•••' '..-;l.:^f0^-"""' •^•v"" Bisnath ^- S/o Mehatar;" Aged about 56 Resident of Gariaband Distt - Raipur (C.G.) o:^ Respondents 2. Shobha Ram S/o Sarju Rawat Aged about 55 Resident ofGariaband Distt-Raipur (C.G.) VERSUS 1. State of Chhattisgarh Public work Department Through its principal Secretary D. K. S. Bhavan Raipur m^ fil A ^\}v>^y' .^p-, 2. Executive Engineer P.W.D. Division 3 ^^^, Raipu.CC.G, ""^ ^<ti^- Sub Divisional officer (P.W.D.) O' Gariaband Sub Division (B&R) Gariaband Distt. - Raipur (C.G.) <p^- /w<^ / <y . PETITION UNDER ART1CLE 226 FOR ISSUEOFAN APPROPRIATE WR1T OR ORDER U1RECTION IN THE NATURE WRIT E T C XI-HC-2: M-HC-22 -j- •g^g ^iqfaq, ^t*PJ5, 'facliy'K !^:^£:..k.ffv.^/ °-s "^ . sn^iqff ra'sigsT i sfTqw^ng'a j "->£» a'l^F'g^mK^fe; ^pfeqt7!'iTFRR'? fe^T TNTZR ^T SlPtPT 3II?TI Shi-i .'\mlSmg!i E-asput, Counsel fdr the petitioaers. Shri Satish Gupta, D\'. Gwt. Adv{ forthe State. I Heard. i Counsel for the petitiQner submjts that the matter relates to gang man. He farther submits tliat in bateh of cases. | includmg W.P, No. 1722/2003 (Mohanlal Dadsena asd others -v- State of ChhatiS^ on 15"' September 2005.. The State Counsei is not in a posit; sgarh and others), orders have been passsd (ion io dispute tiiis fact. Counsel for the petitioner(s) su'l^mits that the petitioners approached to the authorities but they ba\^- not aiven the ^elief as there is no court order. Accordmgly i this petition has been filed. t.-».—.-.—-—.—. g In the order dated 15-9-2005 pasfeed in W.P. No.'1722'2003 in 'ostch ofcases, the Courthas held as under:- | ' . "3................Puqiori of the 41'(ier is quits clear and unambiauous as it i.iiJIJCi.llS -LiUUl iiifw jJ51U»t,'tl Ui- fcilS lorder as weU as from tlie conteatior^ of the petitioners that the gang men wt(o have not completed the age of 60 years as on 30-03-2005. thw wifl be~ aBolived to continue till tbev attain the age of 60 yeai's. It is mfonned by the leaaited.counse! for the petitioners(s) that some o'F .the sans men. who have alreadv retired on eompletion of 30 years ofsei'I..ice. liave been paid retiral benefits |.e. eraaity only. This will be unfair, if the \ petitioners, who have retired beipre 30-03-2005 on completion of30 years of service, thouah they have .still s^me years to go before 60 years of aae, are not sii'en benefit oforder dated .1 0-03-2005. 4. For the reasons stated. aljove. the respondents are directed to atlow a!l the gang men,. who had retii'ed ((n eompletion of 30 years of semce but have -^ :-22 ^•s? -A|i<tj|i^^, rii'diy'i®.~w 3Tft?fW friWSIi^I 5rtiR7^ft?r ./kv:,..e...6..(^.lj ?fEE 5r«' ^ 311^1 WTIWBfttT i^^'inirafiffestt q; SlPttq SD^fi not attained the age of 60 years.j to rejoin the senices ancl conricue tiu they atlain the aae of 60 years,. subj^et to depositins fhe retiral benefits, if any, gr/en to them. • j " (5) Ia some of the petitions, |he petitioners have praysd for regularization of their sen'ices as Gang man. L^amed counsel for the petitioners subnut that the said prayer be disinissed as n(| t pressed at present. However, ths liberty be aranted tO the petitioners to qise the issue of regularization befo.re the appropriats fomm, if necessaiy. Ths petitions with regard to the prayei' of reeularization are dismissed as r^ raise the dispute seeldng redressaj before the appropriate forum. (6) In ''•iew of the foregoind mdicated above. The respondsn; |ot pressed with Siberh' to the petitioners to of the reEef of regularizatioiL if necessar}', , the petitions stand aBowed to the extent ;s are farther directed to comply ivith this order within a period of wo ro.ojiths fi-om the date of receipt/commumcatipn oftl'us otder. No order as to costsj" This petition also stands allow^d to the extent of order passed in W.P. ki-UsLJ 173&2003. The respondents are further] directed to comply with the orders within a of two months from tlie date of cAmiiunication 'production oftliis order. 1 " ^^-1 . ' M.W.P. No. 4774/2005 ,'andI.A. ^'o. 9992/2005 also stand disposed of. C.c. as per rules. Sd/- Fakhruddin Judge r^ft-l.AC- f.^.i;n3'^!i