tl! ii'!^:U: ^I^^^i^j ca'ssitss®* 1NTHE MIGH GQURT OR CHI-IATTISGARH AT BILASPUR WRIT PETITIQN(Si N0.5°^ /2008 PETtTIONER J^,/^ ,^y^ ??''''^*"":.x-iF:'" ,^,..--' ; :. RESPONDENTS : ^.. M^'',^^ 2. iiii:?^v w/^.<?'" 8?' Kesram Patel S/o-Aswaram Patel Aged59years,Labour(Permanent Gang^Mati^amoti CanalWater Resources, Sub-Division no.3,Sambalpur, Distriet- Durg (C.G.) VERSUS sStateofGhhattisgarh 'Fnrough-theSecretary, WaterResoi.irGesDepartment, D.K.S. Bhawan, Raipur (C.G.) Siib-DivisionalOfficer, M Matiyamoti Canal Water Resources, Sub-Division no.3,Sambalpur, ! i District-Durg(C.G.) I WRTPPEnt'ION UNDER ARTIGLE 226 OF THE CONSTITUTION OF (2) m INDIA PAR^tCULARS OF THE PETITIONER: l?etitiE>ner has been recruifed |rfc,; ,l\|atiyamoti?.':'Gansl M/Ettef ReSouFces, Sub-DB/i'siOn |il^,>|EUba1^|sy6|||oj||rti;reiiri^2^^/0:8i'on^he:;l:^isj^$ti^: |Mn!j3i.ijgi|iecl,0rc|gr^i,g|, -:i^r-'^ii"3. % :,':i;13ftl:('TiMl.ABS;®Ri38BlgffiSim@ENT;S': as tiabpur "s:.; PetiSoner Resoondents HIGHCOURTQFCHHATTISGMlHlBiy^SPUR Writ Petition (S) No. 3026 of 2008 Kesram Patel, S/o. Aswaram Patel, aged 59 years, Labour (Permanent Gang), IVIatiyamoti. Canal Water Resourees, Sub Division No.3, Sambalpur, District Durg (CG). Versys 1) State of Chhattisgarh, through the Secretary, Water Resourees Department, D.K.S. Bhawan, Raipur <CG). 2) Sub Divisionai Officer, MaUyamoti Canal Water Resources, Sub-Diwsion No.3, Sambafpur, it Petition under Article 226 of the Constitution of India) SB: Hon'ble Wr. Satish K. Agnlhotri, J. Prssent: Shri Anup Majumdar, counsel for the petfttoner. Shri AlokBakshi, Govt. Advocate forfteState. ORAL ORDER (Passedon 18 dayofJune 2008) With consent of tearned counset appearing for bothtfte parti^, the mater is heard finally. 2) Learned counsel appearing for the petitioner submte that the petitioner, who was appointed as daily wage labour in the estatriishment of respondent No.2, in 1982 seeks a relief that the petitioner being permanent Gangman be retired at tte age of 62 years in accordance with ttie Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1987 (tor sbort, "the Act, 196r1) read with Fundamental Rule 56. 3) According to learned counsel appearing for the petittoner, the petitioner attained ttie slatus of permanent employee, as defined undw Rute 2 (c) of the ChhatUsgarh (Workcharged and Condngency Paid B -i.- Empioyees) Pension Ruies, 1979 (for short, "the Rules 1979"), framed under Articie 309 of the Constitution of India. After having attained the siatus of the permanent employee, the petitioner would retire on attaining the age of 62 yeare on superannuation under the provisions of the Act, t,3ijy 4) Learned counsel appearing for the petitioner submits that case of the petitioner is squarely coyered by the decision of this Court passed on 4 January, 2007 in Writ Petition (S) No. 108 of 2005 (Govind & others Vs. State of ChhatBsgarh and others) (2007 (2) C.G.L.J. 29) and other connected matters. 5) Leamed counsel appearing for the respondente/State does not dispute the submissions made by learned counsel appearing for the peUtioner. 6) Accordingly, the petiUoner, vvho is a permanent Gangmm, is entitled to retire on attaining the age of 62 years in accordance with the provisions of the Act, 1967. 7) The petition is accordingiy allowed, subject to verification of the facts asto whether ihe petitioner has acquired the status of permanent Gangman. No order as to costs. | 1 •Sd/- Satish K; Agnihotri Judge