«, •WK>**»"ie"'"^^ c ^- fs^ 2— ^ -.!';•" -\.-' •K IN THE HIGH COURf OF CHHATTISGARHAT BILASPUR W.P.ISt N0. / ^ <77 / 2007 Petitloner : ^Jdhoo Ram, Aged about 48 Years, S/o ^Shri Sukhram working as Gangman, in ^* ^ pennanent gang, Office of \°.>"- ;^^>^^ .••' <\^J< cVf'hi^"' ^ <y <(< Versus Respondents S.D.O. Public Works Department, Sub Division Bemetara, Dist : Durg-(C.G.) R/o Ward No.l, Pikari, Tahsil - Bemetara, Tahsil-Bemetara, Dist: Durg-(C.G.) ' State of Chhattisgarh Through-The Secretary Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur-(C.G.) Engineer-In-Chief, Public Works Department, Near 'Raj Bhawan', Dist: Raipur-(C.G.) Superintending Engineer, Public Works Department, Raipur Division, Dist: Raipur-fC.G.) Executive Engineer, Public Works Department, Tehsil 8s Division Bemetara, Dist: Durg-(C.G.) 3) 4) .tC (2) 5) The Sub Divisional Officer, Sub Division Beinetara, Tehsil - Bemetara, Dist: Durg-(C.G.) WRIT PETITION UNDER ARTICE 226 OF TVE CONSTITUTION OF INDIA K»'i ^"^Ii R :" Bffij E?"i B&i l ff HI6WCOURT OF CHHATTtSSARH AT SELASPUR W P(5)No 1209 of 2007 Petitioner Uchoo Ram Vei-ais Re^ondents : Sta*eofChhatti^|arhandothers SB;Hon'bteMr.Justk»Sa»ishK.Aynhotri.J Present; Mr.KateAAnthoriy.AdwCotefoi'ltiepetitioner. Mrs. Anju Ahuja, Oeputy ©ovemmentAdvocate for the State/rMpondents. ORDER (Passedonthis 1st &cyofMarch, 2007) 1. 6y Ihis petition, lecuned counsel oppearing for •the petitioner submits that the petitioneF wos emplQyed m •the year 1977 as permanent &ai3inan m •rtie Pliblic Woi4<s Department. who has worked <Aout 30 yearsos &ingmem seeks a retief that the petitioner being permanent gnngmwi be retired at the age of 62 yenrs in accordonce *»ith Itie Chhatt-isgarh Shoskiya Sewak (Adhivar^iiki-Ayu) Acttiinryam. 1967 (for diort 'the Act. 1967'} readwith Rmdamental Rute(for ^iort- 'F.R.')S6. 2. According te leamed coimsel for 1+ie petitioner, the petitioner attained the status of permanent employee, as defined tmder Rute 2(e} of the Chhattisgarh (Workcharged and Contingency Paid Enylo^e^ Pension Rutes. 1979 (fwr diort 'the Rules, 1979'), frumed under Article 309 of the Constitution of India. After having attained the slutus of the permanent employee •rfie petitioner would retire on attamtmg -the oge of • 62 years on Superonnuation un<ter •the prdvisions of •the Act, 1967. 3. Leamed counsel appearing for the petitioner wouldsubtnit "t+iat'rf'e case of the petitioner is squarely covered by the decision of this Court passed pn 4th January, 2007 in WJ}. No. 108/2005 (©ovindVs. State of Chhattisgarh & others) and o-t+ier connected nwtters. 4. Leamed counsel appearing for the respondents/Slute does not dispute 1+ie submissions made by leamed counsel for-the petitioner. 5. Accordingly. the petitioner, trfio is pernneuient gangmcin, is entitted to retireon attaining the age of 62 years in accordonce with the Act, 1967. Thepetition is accordin9ly atlowed. No ordeF as to costs. Sd/- safeh_K.Agnihotri Judge &ibhash ^ ^-