o .^. to6/- , 1 IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR W.P.NO. 2.4"! 6 /3QQ6 PETITIONER ^ -^%^> °^^ ^^y l t(Ti\.--" G.R. Patel S/o Shri I.R. Patel, Aged about 60 years, R/o Flate No.301, Anand Apartment, Vikas Nagar, Bilaspur, District-Bilaspur (CG). Versus .!!>••" AO RESPONDENTS ^B^ ^2) State of Chhattisgarh Through the Secretary, Mahila Avum Bal Vikas Vibhagh, Panchayat Avm Samaj Kalyan Mantralaya, DKS Bhawan, Raipur(CG). The Deputy Secretary, Mahila Avum Bal Vikas Vibhagh, Panchayat Avm Samaj Kalyan Mantralaya, Raipur (CG) ^3) The Director, Panchayat Avm Samaj Kalyan Vibhag, Mahanadi Khand, DKS Bhawan, Mantralya :^aipUlTCC-6l-J ^4) The Collector, Bilaspur District,' Bilaspur (CG). WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA f! t XI-HC-22 SII^T^T h-H'h SV^f 5nHich ^t^ <-- s@{!^"^J^®%^^^^^^^^^^^ ^'•^•^'^'S'-K's»:5s' ^SSSS3^KS' T"T -iii-yid^, i?TiiytiG, Isiwwy 3TI^?T 'q^? ^^l^..^,.^..^, MWrtl (hXlch " ( ' ' ~ 'fare^i' sn^i^giwgfet 11^.2088 Shri P. Div/akar, Sr. Advocs She petitloner. -Shri Sushi! Dybey, Go^t respondents. Heard. The point involved in this wr| disputed, thsrefors, this writ petitio^ stags itseif. The main grievanceof She She petltioner was appointea as tesjc the ysar 1388 tie was promotsci orj working as Deputy Controiter in th| Weifars, Biiaspur. Sincs the therefors; !R v'sew of the (Superannuation Age) Second Am^i to contsnue in sen/lce tiil he attains ifi PsrusaS of ser»'lcs recorti Amendment Adhiniyam, 1998 (Anr)< the petitloner is just and fasr, as h^« from ths service rscord of tha petiltl was appointed as teacher in the p4< e-220-10-240, and thereaftsr he the year 1988. The explanation Amendment Act, 1998 envisages Sen/ant known by whichever .nam^, <ftl^<vt<Tll 'tTW^f'^ fe%l <r<q-^l< ^T aifigs SD^T ite with iVliss Sunita Jain, Advocate for Advocats tskss notic-e for ths petition is very short and facts are not is bsing disposed of at ths admission j|ietitioner, raised in this petition, is that isjcher ir, the year 1967 and ihereafter in Vr\e post of i-ecturer. Ai present iie 'is i^ department of Panchayat and Soclai ^stitiop.sr wss appointsci ss tsscnsr, IChhatiisgarh Government Ser.'ant Am^ndment Adhiniyami 1998 he is entitied i^e age of62 years. of the petltionsr as weil as above (Anr)axure-P/6) shows that prayer made by besn mentioned earlier. it is evident W6S fcloner that InitiaUv in ths year 1867 hs ^y scale of Rs.140-140-5-160-6-19C-B- promoted on the post of Lecturer in lappended to section-2 of the Second ihat the teachsr nieans a GovsrniTisnt if he is appointed with the purpose of [TT^^f^T fcg-'", ' ^ ~T~ XI-HC-22 SD^T^iT fc-<i.+ sh-H W@fl Baive ^"sr •^WM^. ^ww, hwvy. 46 HWWI !h1iq» •^ 'fq^ST' sii^i's^nwHfta -^ admiKed tsachmg and on bsing promotec| adminisirativs post and who has seij' wiil be treated as teacher. It is admft the teachers is 62 years, theref^i Annexure-P/1 whersby the petition^r 30-6-2006 on attaining the age of provisions of Second Amend.men! 4d &e auasrssd. In ths rcsuit; th©petition is quashed. No order as to costs. !n yiew of this brder, No.4897/2006 stand dJsposeti of. Parttes are entitted forcertifie<8 svsn if he js appointed on any ijved ai least 20 years coniinuousiy, he liSed position that ths retiremeni ase of 're, apparently the impugned order has &sen dlrscted to oe rsiired on years is perverse and contrary to the 4dhtniyam, 1998 and same is liablete ;a cbl'4f<T114l-1 'RW^ff ^ 'fe^ <f^)'^,K ^? sifigif sn^r' aiiowed and ths impugned order is n/i.(W.)P. No.1685/2'306 and i.A. copyofthteorder. Sd/- L.C.Bbadoo Judge y ry ^^ .-^-^ '-^r [T^^a^ •^ '^