's IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR mRi F BEB ]|*{i>»ii«5- .u'—l WRIT PETITION N0. 7<^ / 2006 PETITIONER: ^f ^ .^^ ,^x <y^-'" Bhaiya Ram, S/o Vishwanath Aged about 55 years. R/o Village - Dumartarai, Near Devpuri, District Raipur, (C.G.) VERSUS RESPONDENTS: :0^ G. l.State OfChhattisgarh Through the Secretary, Public Works Department, Mantralaya, D.K.S.Bhawan, Raipur, (C.G.) \ (>'° ^l. Executive Engineer "?^^ ^(i^^^e' National Highway Division. Public Works Department, Raipur, (C.G.) 3. Sub Divisional Officer, National Highway Division. Public Works Department, Raipur, (C.G.) WRIT PETITIQN UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIAFOR ISSUANCE OF A WRIT EST ^w -=f- $?i XI-HC-22 'T3I -tll'illd'1), 'B^FFIS.feTOy wt ^^l^ •4WCTI giW*) •^ SiI^I^iT . f<;-ii.+. an^t ^w^ •af^fl 3ii^i TCnw^ift^ Shri Satyendra-Sahu, Counsel ft Shri G.K. Beriwai, Dy. Advocatel Heard. -- • : Learned counse! for the petiti(| gang man. He further.submits that th4 No.5856/2005 {Shankai^l.al _and AA others} & W.P.No.l 722/2003 (Mofm ChhatGsaarh & Others). He also suk have been passe'd by this Court on 1: prays.for simiiar order. : •' This positlon is not disputed b.y: Counsei for the pentioner subn authorities but they have not given Aecordingly this petition has been filed In the order dated 15-9-2005 p< cases, the Oourt .has held as under:- "3..,.............Purport offheorc appeara frosn the perusal ofthe orde petitioners ffjat the gang men who hai on 30-03-2005, they vi/ili be ailowed yeare. f'f is informed by the ieamed cc the gang men, who havealready retir have been paid retirai beneWs i.e. petitioners, wfw have retired before Mtldl ^1yst<f«l^l< ^T 3tf<PT 311^1 ?r ti-ie petitioner. . :General for the State. mer submits that the matter relates to matter Is exactfy simiiar to that of W.P, ,-f 'r-ht- imits that in the said writ petitions orders -12-2005 &.15-9-2005 rsspectively. He tne btate counsei. tits tnat the petitioner approached to ths Ithe relief. as there is no Court.order. ^ssed in W.P. No. 1722/2003 mbatch pf fef f's quite clear and 'jnambiguoiis as il as welias from the contentions ofthe ^s not completed the age'of 60 years as l-o continue till they attain the age of 60 [unset for'the petitionersfs) that some of ii^d on completion of 30 yearsof'servKe, ^ratuity oniy. T'nis will. be unfaii; ff the p-03-2005 on compiet'.on of 30 years of [Tft^ ^Ha^l XI-HC-22 TST '^iltild'1!, a'al+i'is, I^TRiy w^'q^^., wwirg»wqi i^.S^•• (cl'b^?" an^i^ii ft-ii.'* 3Tll?f sb^litfr W?fl aii^TTCTWof^ 2-- 'tiiltcl'sfl-l TWRlf fl fSTA <[flt{l< ^T sipgq aii^r p- ^ service, though thsy have still some 'j^ not given 'benefit oforder dated 30-03- 4. For the reasons stated aflow all the ga'ng men, who had retir^ but have not attained tlje age of 60~y^ till they attain the age of 60 years, any, given to fhem. . •5, -In -some of the petitic^ regularizatson of the'ir services as petitioners submit that the said pr, However, the liberty be granted .to\ reguiarization before the appropriate regard ta the prayer of regularization to the petiiioners to-raise the disp^ reguiarjzation, ifnecessarj/', tseforethe} '• S. in view of fhe foregoing: indicstedabove. The respondents are\ within a perJQd of two months fmm tH -oraer. A/o ordeFas tocosts." . TMs petition aiso stand's alSow< 5856/2005:& 1722/2003. The respQncl the orders '• within. • a perjoci' communication/prodyction of this orde4 Certified copy as per ruies. age, are (ears to go -&005. . ; ^fcove, the respondents are directed to ;d on cofnpletion of 30 ysars of ssn/ice r^ars, to rejoin the setvices and continue supject to depositing the retiral benerlts, if jns, the petitioners have prayed for pang man. Learned counsel for the. dismissed as not pressed at present the petitioners to raise the issue of \forum, if necessary. The petitions wsth '.dismissed as not pressed wifh I'.berty [ste seeklng reclressai of the rel'sef of wiate '•he^peiftions stand aliowedto tne exfent further drectedtocomplywiththis order date of receJpVcommunication of this •dd esoQndents to the extent Qf ordei- passed in W.P. are further dlrected to comply with two monihs from the date of Sd/- Fakhruddin Judge ^^fa^