^^ ^...•^ll^'"" ^^yy^' '(t/f- l^TQ ^ ^e?-' ^^T' IN THE fllGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION fSINO. ..CS.^Q.-^'.... ^2007 PETITIONERS: 1] Safik S/o Rajjab Ali age 48 years ^ 2] Chander S/o Sukru age 55 years / .Both working as Gangmen PWD Under, S.D.O. PWD, Pithora C/o Sub- Divisional Officer, PWD, Pithora, Distt- Raipur [C.G.] VERSUS RESPONDENTS: 1] State of Chhattisgarh, Through Secretary, Public Works Deptt. Mantralaya, DKS Bhawan-Raipur (C.G.) 2] Sub- Divisional Officer, NH- PWD, Pithora Distt- Raipur [C.G.] WRIT PETITION UNDER ARTICLE 226 OF THE CQNSTITUTION OF INDIA ,^wfM^3l^-^y^7^^-7sr'-^-'- ,3iu.^* u««nti)dw;r-.i-.i'^K;sBi!.aij3iiis3: KE6H COUftT OF CHHATTIS6ARHATBILAS>UR Writ Petition (5) No, 865 of 2007 [^} Petitionsrs Snfik and others Vsrsus te State of Chhatt-isi SB; Honble Mr. Justice Satish SC. Agnihotri. J Mr. Sameer Sahu, Adyocate for the petitioners. AA.S. Oeepaii Pandey, PaneS bwyer for the respond® ORDEft (Passed on this 13th day of February, 2007) i 1. By Ifiis petition, 1+te petitioner's, who have worked for more than years as Sangman ^ek a nelfef •rtiat the petitiorKps, being permanent gangman, be retired at ihe age of 62 years in accordance with the Chhattwgarh Shaskiya Sevak (Adhivorshiki- Ayu) Adhiniyam. 1967 ( for short the Act, 1967') read wrth *• cFundamentat Ruie (for Aorl- 'F.R.') 56. 2. The indisputabie facts ore that the peti'tioner No. 1 was uppointed as gangman in the year 1972 and 1+ie petitioner No. 2 was appointed as gangmon in the year 1979 in ihe Pubiic Works Department. According to leamed coun^i for the petitioners, "t+iey attained the status of permanait employee, as defined under Rule 2{c) of the Chhattisgarh (Vv'orkcharged Contingency Paid Empioyees) Pension Rules, 1979 ( for short 'the Rutes, 1979'), framed under Articte 3W of +he Constitution of India. After havino attained 1+se ^ sta-Kis of the permanent empfoyee. the petitioners wouid retire on attuining tiie age of 62 years on supennnuation under the provisions of the Act, 1967. 3. Mr. Sameer 5ahu. iearned coun:»l appearing for Ihe petitioners woufd submit that the <»seof the petitionera is squarely covered th by the decision of 1+iis Court passed on 4 January, 2007 in W.P. No. 108/2005 (fiovind Vs. State of Chhanisgarh & others) and other connected matters, wherein this Court held that the permanent gangman are entitled to retire on attaining +he age of 62 years. 4. Learned coun^l iappearing for both the parties jointly submit that 1fie isaje involved hereinabove and the facts are identical to that of in VV.P. No, 108/2005 (supra). 5. Accordingiy. the petitioners, who are permanent gangman. are entitied to retire on attaining the age of 62 years in accordmce with the Act, 1967. The petition is accordingfy allowee!. No order as Bsbla to costs. Sd/- Sat^KAgnibom 3udge