!a BY_NDTIFIGATION N0.896afD-2870/XX(< B/C.G./05AS SPECiFIED IN SCHEDULE I& H OF THE COURT FEES ACT 18707 BEFORE THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.) WRIT APPEAL No^tS / 2009 APPELLANTS Cj^s^^0-'01^0^) €Ss£. ^s&^^" ^.\ -.1. Q'e.^+fdne^) State offChhattisgarh, Through the Secretary, Water Resources Department, D.K.S. Bhawan, Raipur (CG). Sub Divisional Officer, Matiyamoti Canal Water Resources, Sub Division No. 3, Sambalpur, District Durg (CG.) VERSUS Kesram Patel, S/o Aswaram Patel, Aged 59 years, Labour (Permanent Gang), Matiyamoti Canal Water Resources, Sub Division No. 3, Sambalpur, District Durg (CG.) .WRIT APPEAL UNDER SECTION 2 OF THE CHHATTISGARH HIGH COURT{APPEAL TO DIVISION BENCH) ACT, 2006 "'sws- 'as?ss {»:'K,s.-:- •:^^ \^ W.6H COURT OF CHHATTIS6ARH AT BILASPW &IVISION BENCH: HON'BLE SHRI I.N.QVbOUSI A HON'Bt.E SHRI niASHANT KUMAR MISHftX. JI^ APPELLANTS (Respondent No.l A 2) RESPON&ENT (Petitioner) WRIT APPEAL N0.33/2009 State of Chhattiagarh danother Vs Kesram Patel Present; Mr. Y.S. Thakur, Dy. Advocate ffeneral for the appellant-Stute, Mr. Anup Mazumdar, Advpcate for the reqiondent. OKAL JU&fiMENT (Passed on 07th July. 2010) I.M. Quddusi. J: 1. Heard tearned counsel .for the part'ietf at tength. 2. The appellant-State hove fited this writ appeal against the impugned prder dated 19.6.2008 passiedby the learned.Single Judge in W.P;(s)No.3026/08 allowing the writ petition of the respondent herein. 3. Brief facts of the cuse are that the petitiener/respondent herein was appointed as daily wayi labour in the establishment of the appellant No,2. According to the petitioner / respondent herein he attained the status of permanent employee, as desfined under Rule 2 (c) of the C.6. (Work Charged and Contingency Paid Employe^Bs) Pension Rules, 1979 and therefore.as per C.S. Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 19*7 he would retjre on cttaining the oge of 62 years. Mowever, vide notice dated 7.4.2008 the respopdent herein has been intimdted that he shall stand retire w.e.f. 24.7.2008 on attaining the age of 60 years. 4. Learned ^Single Judge allowed the frjt petjtion of the respondent herein subject to verificatjon of the fncts ds to EM@?^%iaiilliu»,i as^sss^asssess—^ss. ^R^^ -•y ^^ :^?J''?^^?r: \^ whether the petttipner/pegpondent herein bos iBjGqyired ttt<£ status of permanent gongman. 5. Since the State hasfiledthiscrjtappealwithapfed that the respondent herein hadnot acquired the atatus of a p^r.mqnent gangman, *»e are of the opinion thot the matter requtres final adjudication at the stage of *»ritpetjtionas it was not ckar before the leamed Single Judge as to i»hether the respondent herein had attained the status pf permanent gangmon or not and without ascertainment of the statys of the respondent, the matter could not haye been adjudicated finally. 6. Therefore, «»eset aside the impugned ordep dated 19.6.2008 passed by the learned Stngle Jud9e in W.P. (s) No.3026/08 and remit the matter for fresh decisipn with a request that on the busis of pleadings of th<? parties, the matter be finally adjudicated. 7. The documentswhich have been produced before this Court may be submitted beforc the learned Single Jydge by the parties. 8. The writ petition is disposed of.aecordingly. 9. Certified copy as per rules. _- -" ^^ Sd/- I.M.Quddusi Judge Sd/- prashantKumar. Judge Mistea