glgg \ QURx OF GHHATTIEGARH AT BIMS?UR. W.P.N0.{8) H9. 583OIZQOT PETITIONER Laata BaJ S/o. Kodumm Aged about 60 years, Permanent Gangman, Subdivision no. -1, P.W.D. District Rajnandgaon (C.G.) Vs. 1. Siate of Chhattisgarh, Through the Sccmtary, Public Works Department, D.K.S.Bhawan, Raipur(CG) 2. Sub—Divisional 0m, Sub- Division No. 1, CG P.W,D., P.W.D. omce, Rajnandgaon, Dishict Rajnandgaon (CG) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA (SB: Hon'ble Mr. Jusu’ce Satish K. Agihohi) Shri Ravi Mahcshwan', counsel for the petitioner. Shri Suryakant Mishra, Panei lawyer for the State. 0 R D E R (Passed on this 28th day of September, 2007) 1) By this petition, learned counsel appearing for the petiu‘oner submits that the pet'm’oner was employed in the year 1977 as permanent Gangman in the Public Works Department and the petitioner, who worked for more than 25 years as Gangman seeks a relief that the petiu‘oner being permanent Gangman be reh'red at the age of 62 years in accordance with the Chhattisgarh Shasldya Sevak (Adhivars'hiki Ayn) Adhiniyam, 1967 (for short ‘the Act, 1967’) mad with Fundamental Rule (for short ‘F.R.’)56. 2) According to learned counsel for the petitioner, the petitioner attained the status of permanent employee, as denned under Rule 2 (c) of the Chhattisgarh (Workcharged and Coniingency Paid Employees) Pension Rules, 1979 (for short ‘the Rules,1979’), hmed under Article 309 of the Consu'tution of India. After having attained the status of the permanent employee, the petitioner would mtim in attaining the age of 62 yeaxs on supemnnuation under the provisions of the Act, 1967. Learned counsel appearing for the peu'n'oner would submit that the case of the petitioner is squarely covered by the decision of this Court passed on 4th January, 2007 in WP. No. 108/ 2005 (Govind Vs. State of Chhattisgarh & Others) and other connected matters. 4) Leamed counsel appearing for the respondents} State does not dispute the submissions made by learned counsel for the petitioner. Accordingly, the peu‘tioner, who is permanent Gangman is enu‘tled to retire on attaining the age of 62 years in accordance with the Act, 1967. The petition is accordingly allowed. No order as to costs. Sdl- Satish K. Agnihotri Judge Q9