'^'"K cP- IN THE HIGH COURTOF CHHATTISGARH, JUDICATURE AT BILASPUR Writ Petition No. 52-2—/2006 SJRda Petitioner :: Smt. Kalawati Lama, Wife of Shri B.B.Lama, Age 59 years, Public Health Tutor, Posted at General Nursing Training Centre, Bilaspur, Chhattisgarh. 1/ersus 1. State of Chhattisgarh, through Principal Secretary, Public Health & Family Welfare Department, Government of Chhattisgarh, Mantralaya, D. K. S. Bhawan, Raipur (Chhattisgarh) ,2. Director, Health Services, Government of Chhattisgarh, Mantralaya, D.K.S.Bhawan, Raipur, Chhattisgarh. ^3. Dean, Chhattisgarh Ayurvigyan Sansthan, Bilaspur. 4., Superintendent, Chhattisgarh Hospital (CIMS), Bilaspur. G^-^^' WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA \r>v Respondents ^^ .^^ ^0"', ty"^ t®*.-5^' A- J1SD co^ iiaiivesssasuiSat.ste T XI-HC-22 an^T^i - R-ii?b sn^y ?bRW ^T^? t/- T^^iraRra, BTfl'M'is, ('K'iiuy 3n^?r TR^ i WWfl 9Wh ~ '""T""V^ 200 ftre^T'" """""" 25 Shri Anupam Dubey, counse! Shri A.S. Kachhawaha. '.G Heard. Learned courisei for the petitioner was appointed as Woman promoted to the post of Public Me« (Annexure-P/1). He further submits as a Pubiic Health Tutor and poste( CIMS, Bitaspur. Learned counsei si Tutor comes under the defihition of| notice dated 22-11-2005 (Annexi^ Bilaspur has informed the petitioner recorded in the sen/ice book of ti 28-2-2006 i.e. after completion of| submits that after receiving notlc| submitted 'representafion before | Chhattisgarh, . Raipur w'ith a superannuation up to 62 years ij (Annexure-P/3) i'ssued by the Govej authorities are extending the Said -earned counsel appearing dispute the aforesaid facts. ^Hfcf^^ 'FfR^ff ^ Ts^ ^l^fii^ ^TcffPgiTsn^r 'pr the petitioner. jetitioner submits thaf initiaiiy the H.ealth Visitor and thereafter she was [Ith Tutor vide order dated 8-2-1995 fiat presentiy the.petittoner js workin< at General Nursing Training Centre, |bmlts that the post of Public Health ITeacher. He also submits that vide e- lli3, that as per the date cf birth 4-2-1946 petitioner, -she wi!! be retired on ag®of 60 years. Learned counsel dated 22-11-2005 the petitioner the Director, Health Services, reduest to grant benefit of age of view of circular dated 22-5-2003 nment. !t is aiso pointed out that the >enefit to the other similariy situated or the State is not in a position to [^^fa^ T XI-HC-22 3IT^I?iT h-U'lo .Sf^Sf ?r)*iich\i^fl 1 . .<^° 'SSf •^II^IM'^, 9Tl1^ilS, (qwi^y sn^r XRRR 3,2-2- /o(, /••X ^b *ii<4cir »*)ich OT^ITOnWHfCT z' Having considered the factSi material on record, in view ofthe fac^ comes under the definition of Te^ 'niiIcTfli im?if 4 fei^ tfSRere ^3TfSOT3)T^I and circumstances of the case, that the post of Pub!ic. Health Tutor cher and also the factthat the authorities are extending the same b^nefits to the other simiiariy situated persons/'the notice dated*22-11-200£ The petitioner shall remain continue at par with the other similar!y situated (Annexure-P/2) is hereby quashed. n sen/ice up to the age 6f 62 years sersons. In the result the petltion is aljowed. Consequently, 266/2006 also stands disposed of. Certified copy as per rules. Learned counsel for communicate ihe order. - .).P. No. the parties seek permission So Learned ceunset forthe partie^ may eommunicate the order. _A- Sd'- Fakhruddir. Jurige [^S^ ^Rai