z ’XI-HC—ns mm .wk a...N9.:.;s?9.zé0 m 03 zoo 31m W (We) 311%?! $1 fai'a? mmm 31m Wm WW am mm $ $11?!“ ma?! 29-9-2004 Petitioners through their reispective counsel. State by Shri V.V.S. Murtl" y, Dy. Advocate General. Heard. ’2. This batch of cases relate t Gangmam Chokidar etc. ofthe Water Resources Department. Since the uestion involved in all the petitions is similamthey are being decided by this cemmon order. 3. Counsel for petitioner sub lits that P.W.D. Manual. Volume l Chapter iV deals with Accounts of Works and Stores. Para' 4.003 deals with Registration and Payment of Daily Casual Lebour/Regular Labour Gangs. Para 4.003 reads thus:- 4.003(A) r Casual Labour Gangs- When work is to be done by daily casual labour gangs,__tl_1e’§ ubordinate incharge shall prepare a muster ‘ roll} which will show the names of the work-people; their-attendance. the vork done'and the amount payable on this account. Monthly muster rol s ifnecessary. may be cl osed atter seven days or as convenient. (Bj Permanent Gangs- \(a) 03) ,(C) (d) '... (e) Any recruitment to riguiar gangs will lie done only with the permission of SE. Labourers more than 58 years of ageshalt not be employed/continued in regular'g'zi'ngs.” f ‘ .\ n XI~HC~78 5; ‘. Counsel for petitioner submitted that the as per anne‘mre P-2 (W .P. No. 2044/2004). the Additional Secretary videjletter dated 9-3-2000 bearing no. F/l3/l 1/5/2000 has issued dire‘tion that the daily wage employees/labours on attaining more than 55 years of age In should not be allowed to work reference to the above letter the Goveinrnent has clarified the category of the lemployees Vlde 1ts letter dated per Annémre 'P 3 that the empl j 55 years ale 1 Chokldar (2) ‘ ‘ C1v1 - (5) Mah (6) Khalas1 (7) G\ 1t was made clear that the ord dally wage employees and theyl may be kept 1n servrce till 6O Veais of ace Counsel fl r petmoner submmm 'oma deci ion in Union of India z and another repoxted 1n 2003 (5 Txtaghur Paper M111§ reported 1 ‘ hemmg, the. deasmn of H1gh C( Madhva Pradesh and others '—v— 2003 was also‘brousht to the not 6. Counsel for pennoner ii] . Issued another dlremon “(18 1&1 issued directions that the orders -7-2000 bearing no. F/l3 ll/BlESaQOOQ- as yees who should not be‘allowed to work alter our (unskilled) (3) Helper (unskilled) (43 gman and (8) Process Surveyor In the letter under reference wrll not be apphed on other that 1t rs drscmmnatron He‘placed relianu nd another —v- Intematronal Tradmg Co. Ltd § SCC 437 and-State 'of Orissa and others —V< 1 AIR‘L985 SC 1293. During the Course of Jurt of MP. in \V.P. N0. 3200/2003 (State of Smt. Bhaawati Bai aind another) dated 23-3- Lce ofthis Court, rthe-r submitted thati the State Govermnent er dated 17—4—2000 as per Armexure Pei.» on: directing retirement of employees of \‘fatcr 4. It is submitted that there is no change in the Manual. He hmher submitted that by a notification, manual cannot be superseded e b mmwPJW/W‘g Hi 200 amm (13W) m anm mmm 1 x mamm mm ‘ fa?m tst'faum ‘/ XI~HC—78 mWm mmm . mma'ww f I - 2ooofarn’c50903 mama WW3 —t1/1. it . ~/“ mwatmmwmmww mwanwm Wemm WWWW maenmm WWW mlmi‘l' E 5 not'been fail in removing the employees. Hs removed pursuant to notification dated 9 3- V; £2000 (Annexure P-2) and subs quent noutlcation aated 17-4-2000 anu 3 7- 2000 have not been eons1dered 7“ - Learned DV Advocate ere 1s not awlusper 1n the Older. neral brought to the notice of the Court the 8 2004 Vide letter beanng no F 14 33/ WW Water Resources Department has been kert e V e j004 Wherebx the age 1n as 6O years The letter dated 16- -2004 is quoted helow - - - * 2000‘ 0_, c%%%WWW% mmwwwddel /W£rmatwwm tmwweaw atmwaima—rrrgrtsi dmemtthemwarw WW mm: W mm e 'Q/iw Wt zoo Resources’Department attaining the age of 55 years, are cancelled. He thither submitted that Department has . 'submrtted that they have been c1s10n taken by the State on /31/2 @ , - }> _ y W 3;‘j_;, H W XI-HC—JS W‘W 'mna W WWWW€% angéWaomf é }w- l“ u rvnh’ 4 8; , Counsel for the petmoner State Govermnem‘ dated i6 8 ‘20( r 1as1 para of the “bove onier the r ibkc Works Department the a1 “was ealher and (11?? talung c Hranediately The coxrtmhon rs dam on and m spne ofthe dealsm w of the orde aka steps and elders are requu ore be passed 1n ancordance v v du‘ectet‘ thafL tl‘l orders are passeé- 105' ‘ taub ect to dnennors and c dlsposed ¢f Consequentlv aH t] dISposed of ‘11. .‘ A/copv OI this Conn be platted In all the connected matters I wwmf (wwwr wwmlw W$IH§W®Q§WW submitted thatinspite of this decision of the F4, thé‘departmem has not taken any step. 111 te Government has decided that in the erannuation be kept 60 vears as 1t tepe the “ate Covermnwt be mfomieu that now the Sta e Government has taken L they arernot implementing the name epartm nt ought to haw partment Let the nth the order dated 16 8-2004 It 1a funhm thepetltioners beallowed to goptmue. bservations made above, the petitions stand 1e pending, M.W.Ps. and LAs. also stand \ \ / 56‘ éx" :/ ?3v3“ d9e .n / P 3 r" t d Sta \m, p D re L...) W/QM mm W 200 ant“ 1m; (W) wwwm mmm mafiam W1 rum wm t 31mm