f\ HIGH CQURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No.393of2U08 PETITIONER Madhim Sai, aged about 60 years, son of Slni Bodu Ram pennanent Gatigmaii, Public Works Department - Patthalgaon, Distt. Raigarh(C.G.) ^TERSUS : 1. State of Clihattisgarh throu^i - the Secretary, Depafttneiit of Public Works, Mantralaya, Daii Kalyan Singh Bhawaii, Raipur (C.G.) 2. Executive Engineer, Department of Public Works, Division Raigarfa, Distt. Raigarh (C.G.) 3. Sub Divisional Officer, Deptt of Public Works (S & R), Sub Division - Dharamjgairh, Raigarh (C.G.) WRII_PETmgNUNDEILARTlCLE.226 OF THE CONSTmmON OF INDIA SB: Hon'ble Shri Satish K.Agnihotn, J. Present: Shri Pi-ajias' ShriA.S.I State/ri; h Mishra, Advocate for tlie petitioner. Kachfawaha, Depufy Advocate General fortfae -1i. 2. (Passed on 01" day of Febroar., 2008) By Ihis petition, leamed couiisel appearmg for fhe petitionsr submits that the petitioner was employed on 01.01.1972 as pennanent Gaigman ia the Public Works Department, Patthaleaon, District Jashpur, who has worked tor more thaa 25 years as Oangnan seeks a reliefthat the petitioner being pemiaaent gangman be retired at the age of62 years in accordance withfhe Cl-ihattisgarh Shashkiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 (for short 'fhe Act, 1967') read with Fundameatal Rule (for short 'F.R.') 56. According to leamed counssl for the petitioaer, the petitioner attamed the statas of pennanent employee, as defined under Rule 2(c) of the Chtiattisgarh (Workcharged and Coiitmgency Paid Employees) Pension Rules, 1979 (for short 'the Rules, 1979), framed uader AjAide 309 oftlie Coastitutiou of India. After haviag attained the status of the permanent employee, the petitioner would retire on attaimng fhe age of 62 years on superaiMiuation uadsrthe provisions ofthe Act, 1967, "U 3. Leamed counsel appearing for the petitioner would suhinit fhat the case of the petitioner is squarely covered by fhe decision oftiris Coort passed on 4 January, 2007 in W.P. No. 108/2005 (Govind Vs. State of CJhhattlsgarii & Others) and other eonnected matters. counsel appearing for the respondente/State does not dispute the made bv leamed counsel for the petitioner. Accordmgly, the petitioner, who is a permanent gangman, is entitled to retire on attainnig the age of62 years in accordance with the Act, 1967. The petitioa is accordingly allowed, subject to verification ofthe facts. No order as to costs. Sd/- Satish K. Agnihotri Judse AJlUt