Petiticners «\x 63‘ HIG%€ CGURT OF CHHATTHSGARH: BILASPUR Writ Petétion (S) No. 840 of 2W8 .1) Phiram Ram, aged about 41 years, son of Shri Thukru Ram, working as Gangman, Pubiic Works Department (B&R) Sub Divisicn — Kunkuri; Dist Jashpur {CG} (appoinied on 1—3-90). 2) Jafaf§yan Tirkey, aged about 38 years, scn of Shri Jehan Tirkey, working as Gangman, Public Wmks Department (8&R) Sub-Divisicn — Kunkuri, Disit., Jashpur (CG). Shankar Ram, Aged about 43 years} son of Shri lnjore Ram, working as Gangman, Pubiic Works Department (38R) Sub Division Kunkuré, D§stt. Jashpur (CG), (appointed on 3’139-3-1990) Dineshwar Ram, aged about 4G years, son of Shri Somara Ram, working as Gangman, Pubiio Works Deoartment (B& R) Sub Division Kunkuri, Distt, Jashpur (CG) (appoinied in the year1989) Suryanath Singh aged about 38 years, son of Shri Lot'nara Singh vi/orking as Gangman, Pubiic Works Depariment (88R) Sub Division Kunkuri, Dist. Jashpur (CG) appointed on 16—00‘ Makshudan Ram, aged about 42 years, son of Shri Qameshwar Ram‘ working as Gangman, Pubiio Works Department (88R) Sub Division —~ Kunkuri, Distt. Jashpur (CC-3). (appointed on 31-3- 1990) Respondents Versus tare of Ch‘nattisgar‘n) through the Secretary, Department of Pubiio Works, Dau Kaiyan Singh Bhawan, Raipur (CG) Chief Executive Engineer, Department of Public Works, Division Jashpur, Distt’ Jashpur (CG). Sub Divisional Officer, Public Works Department, Sub Division - Kunkuri, Disti. Jasinpur (CG). 1) (Writ Petition under Artioie 2’28 of the Constitution or india) SB: Hon’bie Mr. Satish K. Agnihotri, J. Present: Shri Vinod Tekam, eounsei forthe petitioners, Smt, Binu Sharma, Panei Lawyer for the State. eR§L QWEER i?as5gd on 11E“ Febmam 20%) Leamed counse£ appearing for the petitianers submits that the petitioners, who were appointed in the year 19% as permanent Gangmen in the Public Works Department, Jashpur and have worked for more than 15 years as Gangman, seek a reiief that the petitioners being permanent Gangmen be retired at the age of 62 years in accordance with the Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam‘ 196? (for short “the Act, 1967’) read with Fundamentai Ruie 56. 2) According to learned counset for the petitioners, the petitioners attained the status of permanent employee, as defined under Ruie 2(c) of the Chhattisgarh {Workoharged and Contingency Paid Employees) Pension Ruies, 1979, framed under Artiste 309 of the Constitution of India. After having attained the status of the permanent employee, the petitioner would retire on attaining the age of 62 years on superannuation under the provisions of the Act 1967. 3) Learned counsei appearing for the petitioners submits that the case of the petitioners is squareiv covered by the decision of this Court passed in Writ Petttion No. 108 of 2005 {Govind & others Vs. State of Chhattisgarh and others) and other connected matters (2007 (2) CGLJ £9). 4) Learned counsel appearing for the Stateirespondents does not dispute the submissions made by learned counsei appearing for the pettioners. 5) Accordingiy, the petitioners. who are permanent Gangmen, are entitled to retire on attaining the age of 62 years in accordance with the provisions of the Act. 1967. The petition is accordingly aiiowed, subject to verification of facts of the case, No order asto costs. / / \ \ 5 r Sd/- Satish K. Agnihotri: Judge