•'•;?•;i.-:':]:E-;;i'ei £.;.'-";- ifFR;rti. ^i*.*-^—^UL.^i & ^; -^-i; IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition N0. ^ 8S^^< /2005 PETITIONERS y RESPONDENTS 4^ :1. Shankar Lal S/o. Shri Niranjan Lal Aged about 5ft years R/o. Village Nagar Pali, P.S. Kharsiya, Tahsil Kharsiya District Raigarh (C.G.) Permanent Gangman , Tahsil Kharsiya, District Raigarh (C.G.) 2. Suklal, S/o. Permanand Kanwar Aged about 48 years R/o. Village Nagar Pali, P.S. Kharsiya, Tahsil Kharsiya District Raigarh (C.G.) Permanent Gangman , Tahsil Kharsiya, District Raigarh (C.G.) VERSUS 1. State of Chhattisgarh Through Secretary, Public Work Department (National Hlghway Road) D.K.S. Bhawan, Raipur (C.G.) 2. Executive Engineer Public Work Department (National Highway Road) Division-Bilaspur Dist. Bilaspur (C.G.) F t. ^- // 2 // /3. Sub-Divisional Officer Public Work Department (National Highway Road No.200) K.M. 276 to 291 Sub-Division Raigarh Dist. Raigarh (C.G.) WRIT PETITION. U/A^ 226/227 OF THE CQ^NSTITUTION OF INDIA L.. 3-HC-22 -^s -<i|-si!!t^, ^ftaITS, 'fa^fRTiP ^ .'v£^.^S..^/03 "^R ' 2UO s'f 3Ii^I'FR'TW?ft?T ^nferak'wrc'S if fest Ti^RcR ar3?FOT3ntg 12-12-2005 Shii S.K. Dadsena, Counsei for tl^e- petitionere. Stui Satish Guota. Dv'. Govt. Advj for the State. Heard. i Counsel for the petitionsrs submfts tfaat the matter relates to aang man. He farther submits that in batch of cases. lincluding W.P. No. 1722/2003 (Mohaiilal Dadser^a and others -v- State of Ctihattjsgarh and others), orders have been passed onl5't'September2005. ' | . ^ Tlie State Counsel is not m a posit|on to dispute this fact. Counsel for the petitioner(s) subfmits that the petitioners approached to the auihorities but thev have not siven the rfcfief as there is no court order. Accordinnlv this petition has been filed. i In fce order dated 15-9-2005 pas^ed in W.P. No. 1722/2003 in bateh ofcases, the'Courthas heldasunder:- !• j "3................Purport of the oj~der is quite ciear and unambiguous as it .1 . .. appears irom the pemsal ofthe ijirder as weB as from the contentions ofthe petilioners that the gana men whfo have not completed the age of 60 vears as on 30-03-2005. thev wfll be allo^/ed to continue till they attain the age of 60 .years. It is infoimed by the leam^d counsel for the petitionei'sCs) that some of the gang meii, who have aiready {•etired on completion of 30 years of sen.ice, have been paid retiral benefits ije. gratuily only. This wul be unfair, if the petitioners, who have retired befcjre 30-03-2005 on completion of 30 years of sen'iee. thouah thev have still sojme vears to 20 before 60 years of ase. are notsn'en betiefitoforderdated3<)-03-2005. . - ^ 4. For the reasons stated abitiv^. the respondents are directed to allow aU the gaas men, who hsd retired oA completion of 30 vears of senice but have rTit^ if^r XI-HC-22 3^ 's^ ^WvP3., ~ssvwTs, T»raret[- aTI^T'^1 feRT 31i§?l sPTwglsg .^.^..sS..S^! D ^ aii^iTsnwgfta ^'rai?pB'" 'Enii^f 'q fe^t TfsRzii ^7 3?P?FT 311^ not attained the age of 60 vears.lto rejom the sefi'ices and continue tfll the'/ attain the age of 60 years, subj^ct to depositina the retiral benefsts. )f any, givea to them. | (5) In some of the petitions, |he petitioners have prayed for regularization oftfaeii- sen'ices as Oang man. L4amed counsel for the petitioners submit that the said prayer be dismissed as nejit pressed at present. However, the libei-h' be sramed to the oetitioners to riise the issue of reau'arization before the appropriate forum, ifnecessaiy. | The petitions with regard to tKs prayer of 'regularization are disimssed as 4°t pressed with Ube.rQ' to the pe.tilioners to raise the dispute seeldng reciress<jl ofthe relief of regularization, ifnecessary, before the appropriate forum. | (6) In view of the foreaoinfe the petitions stand aliowed to the estent indicated above. The responderite are further directed to comply with this order within a period of wo m^nths from the date of re.ceipt/communication ofttds order. No order as to cosfii." Ttas petition also stands aMowled to the estent of order passed in •W.P. 1755/2003. The. resoondents are farthei diieeted to complv with tfae orders within a peiiod-oftwo months firom the date ofc|)mmumcatiott'production oftliis order. ^^alX.J M.W.P. No. 4652/2005 and I.AJ C.c. as per rules. No. 9773/2005 also stand disposed of Sdl- Fakhruddin Judge