M HIGH COURT OF CHHATTISGARH: BILASPUR Writ Petition (Si No. 120 of 2008 , Petitioner Kachara Bai, Dlo. Shiv Charan, aged about 53 years, Rio. Vinage Surtara, Post Katghora, Tahsii Paii, Distt. Korba (CG). Versus Resgondenis 1) State of Chhattisgarh, through Secretary Pubiic Works Department, Mantralaya,’ D.K.S. Bhawan. Raipur (CG). 2) Sub Divisionai Omcer, Sub Divisional No.1, Pubiic Works Department (PWD) Katghora, Disit. Korba (CG). (Writ Petition under Articie 226 of the Constitution of india) SB: Hon’bie Mr. Satiéh K. Agnihgtri, J. Present: Shri Viriod Tekam. munsel for the petitioner. Shri U.N.S. Dec, Govt. Advocate for the State. ORAL ORDER (Passed on 9‘“ January, 2003) 1) By this petition, learned counsel appearing for the petitioner submits that the petitioner, who was employed on 1-6-1976 as permanent Gangman in the Pubiic Works Department, District Korba, and has worked for more than 25 years as Gangman, seeks a reiief that the petitioner being permanent Gangman be retired at the age of 62 years in accordance with the Chhattisgarh Shaskiya $evak (Adhivarshiki- Ayu) Adhiniyam, 1967 (for short, “the Act, 1967") read with Fundamental Rule 56. 2) According to teamed counsel appearing for the petitioner, the petitioner attained the status of permanent empioyee, as defmed under Ruie 2 (c) of the Chhattisgarh (Workeharged and Contingency Paid a Empioyees) Pension Rules, 1979 (for short, “the Rules 1979”), framed { under Article 309 of the Constitution of india. After having attained the status ofthe permanent empioyee the petitioner would retire on attaining @ the age of 62 years on superannuation under the provisions of the Act, 1967. 3) Learned counsel appearing for the petitioner woutd submit that case of the petitioner is squareiy covered by the decision of this Court passed on 4‘“ January, 2007 in Writ Petition (S) No. 108/2005 (Govind & others Vs; State of C.G. and others) and other connected matters, 4) Learned counsel appearing for the respondents/State does not dispute the submissions made by learned counsei appearing for the petitioner. 5) Accordingiy, the petitioner, who is a permanent Gangman, is entitled to retire on attaining the age of 62 years, in accordance with the Act, 1967. The petition is accordingly allowed, subject to verification of ' the facts. No order as to costs. s k\ £ Sd/~ r» Satish K. Agnihotri ' Judge ‘E a rfM I a”