IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR / Writ Petition No. ‘7 3 7 of 2004 Smt. Kondi Banjare aged about 55 years. D/O Gareeba Village Post—Gidhpuri Tehsil—Palari Distt. Raipur. (C‘GJ VERSUS PETITIONER: Xx RESPONDENTS: 1.State Of Chhattisgarh Secretaly a Water Resources Departmeht Secretariat, Rajpur (C.G.} 2. Chief Engineer Mahanadi Project [ Raipur (0G,) 3.Execut1‘ve Engineer Water Resources Department Division No.2, Baloda bazar Raipur. (C.G.) 4. Sub—Divisional Officer Water Resources Department Sub-Division No.5 Kanki Raipur. (C.G.) CONSTITUTION WRIT PETITION OF UNDER IND ARTICLE 226/227 OF THE / I S ' , NATURE OF MANDAMU ff WWWW um EWWPNO737/giié’0 Wm (WEI) mmm mmm 29v9~2004 WW WW ia‘aifaqm counsel D\ \dx ocate gm 1‘13 a ‘7. Counsel for pstitioner subx iv dea1$ with Accounts of W Registration and Payment of Dz Para 4.003 reads mus:- ~‘+ OO3( M Camal Labo usual labour O‘mQQ the 1011 xxlmh M11 sho“ $11; he lwmk done dnd the dim s xfmxewm mm be c osed after seven davs or as convenient. (B) Pemmxem Gangs- 101 x (a) {h} (C) (’ d) (el Am recruitment to re L Labt conunued in 1 mu empiox : similan they are being dwided bV Ruegtion irnfohEd in all the petitiom: is Gangman. Chokiéar em aflhc \V Rasources Depamnenn Sims: the ithis \ cannnon order. hitS that W ) \tamuj \ 0 1.1m E, orks amt Stores. Para 4.603 C: Lilv Casual Labour’Regular Labo t: 1r Gangs~ \Xhen “om 15 to be L101} ubordmate unharoe <11a 1 pmnate a m names 0+“ the \xOth—oeoph that m 1C 4 m om“ unt payable on th1s account. Montl lx muster oulzn‘ Gangs v do or 6” so ne ?“ ‘ Lnuq n on cgmar gan n ‘. e R x7 gs l Palilioners through Hmr r- §t.m bx Sun \ S \Iurtl He; yd. 2 This bmch of casa relaie 1‘ ‘ , XI-HC—r78 WWW-1W W l4) p- E57/glc9 . ulna! Enl$ aq 200 \ WWW »mm1um@ fg@m mmm twm (r’ 4. It is submitted that them is no change in ths Manual; He fuher submitted that by a notification, manual cannot be superseded. 5. . Counsel for petitioner s itted that the as per aimexure P-2 (WI. 2044/2004), the Additional Se ‘etary Videletter dated 9-3-2000 bearing n. F/13/1 1/8/2000 has issued dir e reference to the above letter th Government has clarified the category o he -7 2000 bearino no F/13 11 31/Sai’200 per Annexure P 3 that the emplc yees “ho should not be allovs ed to work afte 33 years are l Chokidar (2) Labour (unskilled) (3) Helper (unskild ( C1V11 (5) Mali (6) Khalas1 (7) G‘ngnan p' d (8) Process Surveyor In the lette 1t was made clear that the order under reference Will not be applied on her daily wag employees and they may be kept 1n servrce till 60 years of age. Counsel foi petitioner submitter that it is discrimination. He‘pla‘ced reliance on\a deCi ion in Union of India c nd another —v— International Trading and another reported in 2003’ (5n SCC 437 and-State ’of Orissa and ots —V- TitaghurjiPaper Mills reported’il AIR\\1Q85 SC 1293. During the Course of hearing’; the decision of High Court of M.P. in WP. No. 3200/2003 Sate of Madhva Pi‘adesh and others '—V- Sint. Bhagxvati Bai and another) dated 2-3— 2003 was also brought to the not e ofthis Court l 6. Counsel fOi petitioner further submitted that the State Governmeit . issued another direction Vide let er dated 17 4 2000 as per Annemie P 4 and issued direChons that the ordei‘ directing retirement of ernplm ees of Water u n P No o tion that the daily wage employees/labours \s‘hould not be allowed to work on attaining more than 5‘ vears of ag In f t 0 as i le) 4) i ot employees Vide its letter dated @ n e ‘ Col Ltd. her (t 3 J XI—HC—n 78 WWWW 8 73/400. mm rmm (W) WW Wm wwm Resources‘Departme-m attaining the aga of 55 years, are cancelled. He funher submitted that Department has not been fair in removing the employees. He submitted (that they have been removed pursuant to notification dated 9-3— 2000' (Annexure P—2) and subsequent notification dated 17-4-2000 and 3—7- 2000 have not been considered. Fhere is not a‘whisper in the order. 7. Learned Dv L Advocate ‘eneral brought to the notice of the Coutt the \dec1s1on taken by the State on -8-2004 v1de letter bearing no F 14 33 WT /3 1/2004 wherebv the asie in tl Water Resources Department has been kept as 60 years. The letter dated 16- §~2004 is quoted below - r W 11111 W/Wa‘atw @Wmwfn ° wet—3m? W Haw, a?! W WW I 0,1Qt5n .03 ~ ettid QT 'ttea e m* ét wmmw We: W % 200'e 09. WWW mmmte Wemm WWMW mawewan XLHCTJB 3mm (1am) ’ iast para 0f ‘Lhe above order 'thé was eamer and aiier t-ikmg # State Government daied 16-8-20( Pub 1c Woms Depemmem, 1he a immediately. The contention is dec1s1on ami m splte ofthe declslo n Vlew of the order datec ‘ Ltaken steps and orders are reqmr ' I Orders be passed 1n accordance \X - duected that ml orders are passed;- 10$ Sub ect io dlx‘emons and c f Consequen’dy all tl ; dlsposed dlsposed of a1 1. A copV ofilm Coun be p1a\ 4, the department has not taken any seep In: §tate Government has decided that in the 7e of superannuation be kept 60 vearx, a: i. teps, the State Govennnent‘ m informed that now the State Govermnent 1a taken L they are not implementing the same 16 8-2il04 the Department ought to have partment Let the 1th the order dated 16 8 2004 It ls further thepetitioners beallowed to eontmue. bservations made above, the petitions stand 1e pending M.W.Fs., and LAS. also atahd \ 1 I g v ‘ ’ e mww mmm ‘ :34 ‘ WW‘§%€IW $3if‘a'qm m W m framqm 1W m W % f$ mWW£imgmsoa§géaawm 13m: W ir§ W & TEE W €f w &?{ ‘ W em? WA! I" 8.‘ Counsel for the petitioner submitted that inspite .of this decision of the