HIGH COURT OF CHHATTISGARH: BILASPUR Writ Petition {5) No. 2106 of 2008 i Petitioner $hriram, S/o. Kapoor Chand, aged about 60 years, Caste Gada, r/o. Village & Post Mechka, Tahsii Nagri, District Dhamiari (CG). Versus Respondenis 1‘) Sate of Chhattisgarh, through Secretary, Department of Water Resources, Mahtralaya, D.K.S. Bhawan, Raipur (CG). 2) Sub Divisional officer M R P Dam Sub Division No.1, Mechka, Districi: D'ham‘tari (do). (Writ Petition under Article 226 of the Constitution of indie) SB: Hon’ble Mr. Satish K. Agnihotri, J. Present: Shri Mahendra Dubey with §hri Sanjeev Kumar Sahu, , counsel for the petitioner. Shri Alok Bakshi, Govt. Advocate for the $tate. , ORAL ORDER (Passed on 10‘“ day or April 2098) With consent of learned counsel appearing for both the parties, the mater is heard finally. 2) Learned counsel appearing for the petitioner submits that the petitioner, who was appointed as daily wage labour in the establishment of respondents No. 1 and 2, in 1983, seeks a relief that the petitioner being i permanent Gangman be retired at the age of 62 years in accordance with the Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967‘(for‘short, “the Act, 1967”) read with Fundamental Rule 56. 3) According to learned counsel appearing for the petitioner, the petitioner attained the status of permanent employee, as defined under Rule 2 (of: of the Chhattisgarh {Workoharged and Contingency Paid Employees) Pension Rules, 1979 (for short, “the Rules 1979“), framed under Article 309 /. \ l l r \ 4V 7 :fM/«, m ,k5 l J l l . r fl l “m . [y of the Constitution of India, After having attained the status of the permanent employee, the petitioner would retire on attaining the age of 62 years on superannuation under the provisions of the Act! 1967. 4) Learned counsel appearing for the petitioner submits that case of the petitioner is squarely covered by the decision of this Court passed on 4‘" January, 2007 in Writ Petition (S) No. 108 of 2005 (Govtnd &/ others Vs. State of Chhattisgarh and others) (2007 (2) C.G.L.J. 29) and other connected matters. 5) Learned counsel appearing for the respondentsIState does not dispute the submissions made by learned counsel appearing for the petitioner. 6) Accordingly, the petitioner, who is a permanent Gangrnan, is entitled to retire on attaining the age of 62 years in accordance with the provisions of the Act, 1967. 7) The petition is accordingly allowed, subject to verification of the facts asto whether the petitioner has acquired the status of status of permanent v Gangman.‘ No order as to costs. no k, 5d]- ,, , ’ Satish K. Agn : Judge