IN THE HIGH COURT QF JUDICATURE,CHHATTISGARH AT BILASPUR/z/ Writ petition no. i 1%} of 2003 y A, f f” TiRATi-i RAM SAHU aged about 55 years. 3/0 at Bhocihan Village & P.O Bioring Distt. Manasanund (ca) BETITIO!EB; VERsus 1.STATE OF CHHATTISGARH Secretary a' Rmmes Departmert ecretariat, Raipu (C.G.) S 2. CHEF ENGIBEER Mahanad Project, Raipix (C.G.) i i 3.BECUTIVE EhGIhEER Kodar H'qect Mahasamurid Division Mahasamund 4. SLBDMSiomlL OFFIOER Kodar water resagoée “ ahdwsion No. '“ my. WRliT TION UNDER ARTICLE I I 7 OF THE OOBBH‘TU'HON OF "\UA F R I$UAhCE OF AWRI “IN THE NATURE OF MABDAMIB, $ w To PRO , IQN, 11 catnORARi EWORANYOTILER DiRECTiONORORDER A .ii CE IN Ti-E MATTER. ,i! a ‘ XI-HC— r78 mam mmm \ WW WTFW€R $aifanm 29—9—2004 Petitioners through their respective counsel. Registr‘atioii’and Payment of Dz. Para 4.003‘reads thus:- 4‘003(A) i Casual Label cas al labour Gangs the < loll “lnch mll sho“ the the ork done and the amd s ifneoessary, may be cl Permanent Gangs- rol — (B) \ (a) (b) ‘ .(C) (d) (e) Any recruitment to- re permission ofSE. Labk employed’continued in i9 ily Casual Labour/'Regular Labour Gangs. 1r Gangs- When work is to be done by dailx ubmdinate moharge shall prepare a mustei “lames of the work-people then attendanoe unt payable on this amount. Monthh muster ose‘d aner seven day's ‘or as convenient. gula; gangs Will be done only with the o purers more than 58 ware ot‘age shall not be egnlar gangs.” WK.) State by Shri V.V.S. Mum} §g Dv. Advocate General. Heard. F , k. This batch of cases relate Ni) Gangnan, Chokidar etc. ofths Water Resources Dapartment‘ Since the luestion involved in all the petitions is Similarilhey are being decided by this common order. 3., Counsel for ‘petitioner submite that P W D \lanual X omme 1 Cl apm iv deals with Accounts of Works and Stores. Para 4.003 deals with x \ "/ ‘e Eva A 5.‘ Counsel for petitioner submitted that the as per annexure P-2 (WP. No: 2044/2004). the Additional Secretary Vide letter dated 9-3—2000 bearing no. F/13/1 l/S/2000 has issued dire on attaining more than 5‘ years of age In reference to the above letter the Government has clarified the category of the employees Vide its letter dated i —7 2000 bearing no. Fll3/1113 1/Sa/2000 as per Annexure P-3 that the emplC 55 years are. 17'. Chokidar (2) L Civil (5) Mali (6) Khalasi (7) Ga it .was made 'elear that the'orde’r daily wage employees and they Counsel for petitioner submittec ’on‘ra‘deci ion in Union of India z and‘another reported in 2003 (5 TitaghurtPa‘per Mills reported i hearing; the decision of High C< Madhva Pradesh and others '—v— 2003 was also brought to the not 6. Counsel for petitioner further submitted that. the State Govemment er dated 17-4-2000 as per Anneimre 13-4 and issued directions that the order: xx should not be allowed to work :tion that the daily wage emplovees/labours yees who should not be allowed to work atter about (unskilled), (3) Helper (unskilled), (4) ngnan and (8) Process Surveyor. In the letter, under reference will not be applied on other may be kept in service till 60 years of age. that it is discrimination. He‘pla‘ced reliance rid another -v- International Trading Co. Ltd. '1 SCC 437 and‘State of Orissa and others —v— .1 AIR*1985 SQ 1293. During the Course of )uit of Ml). in WP. No. 3200/2003 (State of Sint. Bhagwati Bai and another) dated 23-3- .ce ofthis Court. directing retirement of employees of Water . issued another direction Vide let. XI-HC—Js 3aW WW W mmwp*...5/4WT3 F1 200 311%?!m (Wu) my: $1W mmm fsw}W §§ afaum 4. It is submined that there is no change 111 the Manual; He further submitted that by a notification, manual cannot be superseded. L Xl—HC—r78 mwPM85/w03 111 200 / W mamm- (W) WQVWIW‘ mmm' -mwwmuaWfsQ%-tferw $3i§mm mmm Resources Department attaining the age of 55 ysars, are cancelled. He 111mm“ submitted that Depanment has not been fair in removing the employees. He submitted [that they have been removed pursuant to notification dated 9-3- 20007(Annexure P-2) and subs quent notificalion dated 17-4-2000 and 3-7- 2000 have not been considered ere is not ar'whisper in the order. ." \dec1s10n taken by the State on 31/2004 whereby the age m tl as 60 years The letter dated l6 eneral brought to the notice of the Coult the - -8-2004 Vide letter bearing no F 14 33/ Ki. 7. Learned DV Advocate Water Resources Depaitment has been kept -2004 1s quoted below W mama ww3—41/31/W/ 200mm; 09 03 2000. ~ WW1? I Wwmm mmeemaaeh5wwwwmle ’ WWW mWWH§tEW§1 wwwwlwwmemwm mammam Wwwwwe: WWW emmwaéwe sr E - § - - w l XLHC—w 78 .wp mmw W'W, Wm W mm IQ834003 Hi 200 MW(W) “mmm - m W gm ma W W 15¢ mg» Wm ‘ 1am i" 8; Counsel for the petmoner State Government dated 16-8-20C V last para of the above order. the Pubhc Works Department the a; teps the State Government be miennw immediately. The contention ia 1. they are not Implementmv the same a deeisien and-in spite ofthe iiecism n Vtew of the omer datec zt en steps and orders are requi ‘ orders be passed m auordance v du ected that t111 orders a1 e passed 10,; Subgect 10 duecnons and c dxsposed 5f ConSequentlv ail i1 dmposed of .l 1.o A copv oftlus Court be plat WW WW tmm wwmwe% m-aoaéqgiaa@em ism: 'W-Va%némr§€w¢r Submitted that inspite of this decisien of the V4, the. department has not taken any step. In State Govemme‘: decided that in the ’e of superannua pt‘60 vears'as it t was earhet and after takmg s mt ought t0 have y he Department Let t1 1th the order dated 16-8 2004 It 1s fun} the petmouers beallowed to eontmue beervatwne made above the petrtlons slam 1e pendmg. M:W.Ps and LAs. also stand ed m all the connected matterS//\ 8 004, the b " ?g 1’ dd‘“ , /” Fax“ dQe that now the Qtate Government has tat en mhas n e' I g’ re - fD‘