IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. 6clt-o)/2Q05 PETITIONER <:. <.' if. ^" ^< .,.fo\AV& ^^°^?>' V?y-X -.-"" '^ '^v- s^ ,••• -^o^- &<>l RESPONDENTS -^ £vtuv y' c»-' '•>l-* .,^€S^. /,f <^""- ~ "^^^''\ y. '>" Vakil Ahmad, S/o. Kayum Ahmad, Aged about 60 years, R/o. Village" Ameri Dihpara, Bilaspur Tahsil & District Bilaspur (C.G.) VERSUS 1. ^' 2. State of Chhattisgarh, Through the Principal Secretary, Department of PubUc Works, Mantralaya, D.K.S Bhawan Raipur (C.G.). The Superintending En^neer, Department of Public Works, Bilaspur Division, Bilaspur (C.G.) The Sub Divisional OfGcer, Public Works Department, Sub Division- l,Bilaspur(C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE GONSTITUTION OF INDIA FOR ORDER/DIRECTIONS IN NATURE OF WRITS OF MANDAMUS, CERTIORARY OR ANY OTHER WRIT OR LIKE NATURE Xi-HC-22 s^r ^TTRra, •g'Tft^re, •f??roa'< ^^^.M^.^ 3ilt?[?il f^ira'sn^?; 37qN!'~Hft? Biiinwnw^ti ^?m?TBn "qprc^ ^ fezt TN^R ^T srfigtT sn^i x Sliri Ashok Soni. Counsel fcr tti^ petitioner. Shii Satish Gupta, Dy. Govt. Ad^'. for tbf State. Counsel for the petitioner subn^its that the matter relates to gang rsaa. He farther submits that in batch of cases) including W.P. No. l722'2003 (h'lobanlal Dadsena gnd others -v- State 6f Chhaftisaarh and otiiers). orders have been passed onl5 Septembei-2005. j The State Counsel is not in a po^ition to dispute tbis fact. Counsel for the petitioner(s) si^bimts that the petitioners approached to the authorities but ttiey have not gh'en the jrelief as there is no. court order. Accordiiigly tlus petition has been fUed. i . In the order dated 15-9-2005 papsed ia W.P. No. 1722;2003 in batch ofcases, the Court has held as under:- I • "3................Puq)ort of the order is quite clear and uiiambiauous as it appeal's fi'om the perusal of thq order as weU as frotn the contentions of the petitioners that tlie gang men njb.o have not completed the aae of60 yeai-s as on 30-03-2005. thev wiU be aflbwed to continue tffl thev attain the age of 60 years. It is infoiined by tfae learjied counsel for the petitioners(s) that some of the eana men, who ha'v'e alreadj' retii'ed on completion of 30 years of 8ei''«'ice, i . . '. _. . ... - ' have been paid retii'al bene&sj i.s. grariiity onlv. Tiiis w3l be unfair, if'.the petitioners, wno ha'.'e retirsdbepore 30-03-2005 on completion of30 years of sen'ice. tfaouah thev have still j>ome vears to so before 60 yeai's of ase, are not eh'en benefit oforder dated|30-03-2005. 4. For the reasons stated ^bove. the respondents are dil'eeted to aHow aB \ ihe gang men, who had retiredjon comptetion of30 years ofsei-'.ice but ha\'e XI-HC-22 ^sf virvwi, 'srarOTS, 's^iras3: 3i!^t^ I t^it^ SH^T. | 'SiiW^lfia | ^^g^^-g ^^- w;.£.:..fc^1c^ Sil^I'FRIIWHf?? 2.1 •circRT['?fei3tT? ^; 3Tf:OT arfef not attained the age of 60 years,|to rejoin ttie sen.ices and continue tffl they atfaia fhe age of 60 years, subj^ct to depositina the retiral benefits, if any, given to them. o (5) In some of the petitioiK, 41e petitioners Iiave prayed for reaularization of their senices as Gans man. L^amed counsel for the petitioners submit that the said prayer be dismissed as ndt pressed at present. However, the tibem'- be 1. granted to the petitioners to rAse the issue of resularization before the appropriate fomm, if necessaiy. |The petitions n-ith regard to the prayer of regularization are ciismissed as n(it pressed with liberh' to the petitioners to raise the dispute seefcing redressa| of the I'elief of regularization. if necessary, before the appropriate forum. 'i (6) In view of the foregoing the petitions stand allowed to the extent indieated above. The responden^s. are further directed to compiy ivith this order witlmi a period of o moi^ths from the date ofreceipt'conimuriication ofthis order. No order asto costs.[' . ! , _.. .. . ! . .: I. ' ! • This petition also sfands allowejd to the extent of order passed ia W.P. i 179S.2003; The respondents are further jdirected to comply with the orders within a j „ period offvvo months from the date of cotnmumcauon^roduction oftliis order. •psL.n^Q^! M.W.P. No. 4774/2005 atu! I.A. tio. 9992/2005 aiso stand aisposed of. . ^,^ , . ,, . ' --i- _^:.^. .^•^_ ^ . C.c. as per rules. . „,, j ' scr- i Fakhruddin ! ' Jiidge [Tflir^feq