ij?itijl.£ BENCN IN THE HIGHCOURT OF CHHAmSGARH AT BILASPUR. WRIT PETITIONISI N0. <S^ OF 200® PETITIONER \°) .oV ,0 .?'<sX-*" V^I^ /'s^y ^y'. ^* M?vz ox^y' -^ •^•'\ <«•' a;'' ^r ••" R^B^NDENTS .^- ;ry^ . ^iuijrani S/o Guljar, aged about 60 years, R/o Village Singhari, Post Ranigaon, District BILASPUR C.G. VERSUS l^/ State ofChhattisgarh, through Secretary, Departmenf of Public Work Department, D.K.S. Bhawari Raipur 2.^-Sub Divisional Officer, Public Work Department, Division -3 Koni Bilaspur WRIT PETITION UNDER ARTICLE S6 OF THE CONSTITUTION OF INDIA FORISSUEOF AN APPROPRIATE WRIT IN THE NATURE OF MANDAMUS/CERTIORARI ETC. OR DIRECTION/ORDER INTHE UKE NATURE ETC. 1 y^s HIGH COURT QP GHHATTISGARHAT BILASPUR / WritPetitionfSTNo. 829 of 2007 Petitioner Duiji'aiu Vcrsus . Respondents SlateofClhliattisgarh&aaother 8B; Hon'ble Mr, JusticeSattsItK. Agailiotri, J Sint. Rastuni Thakur, Advocate for ttie petitioner. Shri Satish Gupta, Deputy Goverrunent Advocate for the rcspondents. O R DE R (Passed on this 12tu riay ofFehniary, 2007) 1. By fhis petition, fhe petitioner, who has workcd for morc fhan 15 years as Gaagman seeks a relief fhat fhe petitioner, beiug permaaen.t gangmau, be retired at fhe age of 62 years ia accordaace wifh the Chhattisgarh Shasldya Sevak (Adhivarshild-Ayu) Adhmyam., 1967 ( for short 'the Act, 1967^ read with Fundamental Rule (forshort 'F.R.') 56. 2, The uidisputable facts arc fhat fhe petitioner was appointed as gangman in fhe year 1967. Accoiding to leamed counselforftie petitiouer, he attaiaed the status of permanent employee, as defined under Rule 2(c) offhe Chhattisgarh (Workcharged and Contmgency t?aid Employees) Ftension Rutes, 1979 ( for short 'the Rules, 1979'), fi-amed under Article 309 ofthe Constitution of iBdia. After having attained fhe status of fhe permanent einployee, fhe petitioner would retiic on attainmg tihe age of 62 years on superannuationunderthe provisions offhe Act, 1967. 3. The petitioner was made to retire on attaming fhe age of 60 yearsby fhe orierdated 19.12.2006 (P/l}w.e.f 31.3,2007. & --—^ 6. Bablu Smt. Rashmi Thakur, tearaed counsel appeanng for the petitioner wouM subinit fbat the case of the petitioner is squarely covered by the decision of fhis Court passed on 4& Jamiary, 2007 in W.P. No. 108/%)05 (Rovmd Vs. State of Chlmttisgarh & others) and other coanected aiatteis, whereia fhis Gourt held fhat the pennauent gangman are entifled to retire oa attauiing the age of62 years. Leamed counsel appearmg for bofh the parties jomtty submit that the issue invoh?ed heremabove and the facts are identical tofhatofmW.P.No. 108/3005 (supra). Accorduigly, tlie petition.er, who is pennanent gaagmau, is eutitled to retire on attaining fhe age of62 yeais in. aecordaaee witfa the Act, 1967. The petitiQQ is acconlingly aflowed. No onler as to costs. SatishK.Agnihotri Judge