c<^ ^5^^ <' IN THE HIGH COURT OF CHHATHSGARH AT BILASPUR //g2- f^y WRIT FETITION(S) NO.C7ZSy/'/2007 PETmONER ,/,,,^ I'S..- '/f\-''' ..•"" -ffy/ ..'-'. '>'.••' ..•"' ^/^y ^' //' >y.-/"' / s^.^ "i'.y ^ RESPONDENTS VERSUS r-\'*< ^r^-^M'^7. •cpy i^^' ^ ^ ^r^ Radhelal S/o- Bhaiyaram Aged about 59 years, Pennanent Gangman, Arjunda-Gunderdehi Road, Gunderdehi -Dista-ict- Durg (C.G.) 1. State of Chhattisgarh Through-the Secretary, Public Works Department, D.K.S. Bhawan, Raipur (C.G.) 3. Sub-Divisional Officer Sub-Division, C.G. PWD, PWD Office, Gunderdehi, Sub Division, Disti-ict-Durg (C.G.) WRFT PETITION UNDER ARTICLES 226 CONSTITUTION OF INDIA OF THE t. HI6H COURT OF CHHATTES6ARH AT BILASPUR Petitioner W. P.fS) No. 1182 of 2007 Radhelal Versus s ; State of Chhattisgarh and another SB: Hon'ble Mr. Justice Satish K. Agnihotri, J Pre^nt: Mr. Anup Majumdar, Adwcate for the petitioner. Mrs. Anju Ahuja, Deputy Sovernment Advocate for the State/respondents. OR DER (Passed on this 28th Goy of February, 2007) 1. By this petition, Jearned counsel appearing for the petitioner submits that the petitioner was employed on 1-7-1975 as permanent Sangman in Sub-Division, Sunderdehi, District-Durg ond the petitioner, who has worked for more thcn 25 years as ©angman.He seeks a reiief that the petitioner being permcnent gangman be retired at the age of 62 years in accordance with the Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 (for short 'the Act, 1967') read with Fundamental Rule (for short 'F.R.')56. 2. Accorcting to leamed counsel for the petitioner, the petitioner attained the status of permanent employee, as defined under Rule 2(c) of the Chhattisgarh (Workcharged and Contingency Paid Employees) Pension Rutes, 1979 (for shorl- 'the Rules, 1979'), fromed under Art-icle 309 of the Constitution of India. After having attained the status of the permanent employee the 1 petitioner would retire on att'ainting the age of 62 years on superonnuation under the provisions of the Act, 1967. 3. Learned counsel appearing for the petitioner would submit that the case of the petitioner is squarely covered by the decision of this Court passed on 4th January, 2007 in W.P. No. 108/2005 (Qov'md Vs. State of Chhatl'isgar+i & others) and other connected matters. 4. Leamed counse! appearing for the respondents/State does not dispute the submissions made by learned counsel for the petitioner. 5. Accordingly, the petitioner, who is permanent gangman, is entitled to retire on atl'aining the age of 62 years in accordance with the Act, 1967. The petition is accordingly allowed. No order- as to costs. Sd/- Satish K. Agnihotri Judge Subhash