HIGH COIJRT OF CHHATTISGARH AT BILASPIJR Wnt Petition (S) No.445 of2008 PETITIONER RESPONDENTS /;) ' Basaiiti Bai, D/o Late Shri Sakliarani, Age about 60 years, Occupation Sei-vice as Pennanent Gangmaii, R/o Behind Bharat Mata School, Tatibandh Basti, Post Tatibandli, Distt. Raipur (CG). \rERSUS 1. StMe of Chliattisgarli, Tlirough ite Secretary Department ofPublic Works, DKS Bhawan/Raipur (CG). 2. Executive Engineer, WPD, Sub Division No. 1, Distt.Raipur(CG). 3. Sub Divisional Qfficer, PWD (B&R) Sub Division Raipur Sub Divn, No. 1 Medical College, Distt. Raipur (CG). (WRIT PETITIONUNDER ARTICLE 226 OF TEffi CONSTTTmiON OF INDIA) rSB: Hon'bleMr.SatishK.Asnihotri,.!.) Present : Shri Yogesh Pandey, Advocate for the petitioner. Shd A.S. Kachhwaha, Deputy Advocate General for the State. ORALORDER (Passed 01101st ofFebruaiy, 2008) 1. Leamed counsel appearmg for the petitioner subniits that the petitioner who was appointe4 as daily wage labour in the establisliiiient of respoiidents No. 1 and 2, seeks a relief that the petitioner, bemg pemianent Gangiiiaii, be retired at the age of 62 years m accordance with the ClAattisgarh Shaskiya Sevak (Adhivarshiki-Ayii) Adhmiyam, 1967 (for short the Act, 1967) read with Fundamental Rule 56. 2. Accordiiig to leamed counsel for the petitioner, tlie petitioner attained the status of pemianent employee, as defined under Rule 2(c) of the Chhattisgarh (Workcharged and Contmgency Paid Employees) Pension Rules, 1979, framed under Article 309 of the Constitiition of India. After havmg attained the status of tiie pemianent employee, the petitioner would retire on attaiiimg the age of 62 years on superamiuation underthe provisions ofthe Act^ 1967. 6. ^ Sahu Leamed comisel appearmg for the petitioner subniits that the case ofthe petitioner is squarely covered by the decision ofthis Court passed on 4th January, 2007 in Writ Petition No. 108 of2Q05 (Govind Vs. State of Chhattisgarhand ofhers) and other comiected matters. Leamed counsel appearing for the State/respondents does not dispute the subniissions made by leamed counsel appearmg for the petitioner. The respondents are at liberty to consider the facts of the case as to whether the petitioner has completed 15 years of service as Gangaian, In the eveat, it is found that the petitioner has completed 15 years of service, the case shall be govemed by the decision ofthis Court in the matter ofGovmd Vs. State ofChhattisgarh and others (supra). Accordmgly, the petitioner, who is pemianent Gangiiiaii, is entitled to retire on attainuig tlie age of62 years iii accordance with the provisions ofthe Act, 1967. Tlius, the writ petition is allowed subject to verification of facts of the case. No order asto costs. Sd/- Satish K. Agnihotri Judge ^