/^,(^ <s(l /z") HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (81 No. 6097/2007 PETITIOWER RESPONDENT1S Dhaaarijay Nu-malkar, Son of Vishambher Numatkar, aged about 60 years, Resident of Vitlage and Post Kandel, Tahsil aad District Dhatmari(C.G.) Veivus 1. State of Chliattisgarh, Through : The Secretaay, Water Resources Department, D.K.S. Bhawau, RaipurfC.G.) 2. The Sub Divisional Officer, Mahauadi Shirsha Jal Prabaudh, Sub Division No. 1 Rudri, District Dhamtari(C.G.) WMJ^PBTmON UNDER ARTICLE 226 OP THB CONSTITUTION OF INDIA Appearance: Shri P.P. Sahu, Counsel for the petitioner. Shri N.K. Agrawal, Senior Advocate and Deputy Advocate General wifh Shri A.S. Kachhwaha, Govt. Advocate for fhe State/respondents. ORALORDBR (31.10.2007) SUNIL KUMAR SINHA, J. Heard. Leamed counsel for the petitioner subinits fhat a permanent Gang-iaan is to be retired at the age of 62 years ia accordauce with the Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam 1967 read wifh Pundamental Rules, 56. He also subuuts that the poiat ralsed has been decided by this Court in batch ofmatters i.e. W.P. No. 108/2005 aad inaay other coniiected inatters on 04.01.2007, reported in 2007 {2) C.GJG.JT. 29 (Govlnd 8s Others tw._Sltertc of aG. and others) aad this luatter is squarely covered by fhat decision, which niay be disposed ofon fhe same tenns. Leamed counsel for the State fairly ^rees that ttus xuatter is covered by fhe said decision. However, hc subinits that iu soine niatters the State has filed writ appeals. .•-.-^^'^"ssr- W.P.(S)Nb.6(»7/2W7 Unless soine intemn order is passed, merely on account of filing of the writ appeal, hearmg of fhis writ petition cannot be kept in abeyauce, when the matter is squarely covered by fhe said judgment. In the result, fhis petition 1s atlowed. It is disposed of m. terms of the order dated 04.01.2007 passed iu W.P. No. 108/2005 and other connepted matters. No order as to cost. Sunil Kurnar Sinha Judge 'iao/ Shyna