^ ^ 'v? Q©) COURT OF CHHATTSSGARH: BILASPUR Writ Petltlon (S) No. 412 of 2008 Petltjoner Cnaltu Ram Sahu, aged about 59 years, S/G. Shri Samaru Sahu, Sy post: La&our (PWD) v/orking as permanent Gangman, PWD Sub-Dlvlsion, No.03, Raipur (CG). r/o. v'jliags - Gourbhat,- Tahsij - & Distt. Raipur (CG). Resoondents Versus 1) The Stats of Chhattisgarh. through the Secretapy, Publlc Works DepartmeRt, D.K.S. Mantraiaya Bhawan, Raipur, Dlstt. Raipur (CG). 2) The Executive Englneer, P.W.D. Raipur, Distt. Raipur (C.G.). 3) The Sub-Divisional Officer, Public Work Department, Sub-DMsion No.03, Raipur, Dlstt. Raipur (CG). t'Writ Petitlon under Articie 225 of the Constltution of india) SB: Hon'ble l^r. Satlsh K. Agnlhotri, J. Present: Shri J.A. Lohani,, counseJ for the petltioner. Shri U.N.S. Deo, Govt. Advocate for the State. ORAL ORDER (Passedon 22nd January, 20QS) Learned counsel appearing for the petitioner subrnits that the petjtioner, who was empioyed as psrmanent Gangman on 16-7-1980 in the Pubiic Works Department, Sub-Division No.03. Raipur, seeks a relief that the petitioner being permanent Gangman be retlred at the age of 52 years in accordance with the Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1957 (for short, "the Act, 1967") resd v/lth Fundamental Rule 56. 2) According to learned counsel appearing for the petitloner, the petitioner attained the status of permanent employee, as defined under Ruie 2 (c) of the Chhattisgarh (Workcharged and Contingency Paid - ^- '^?^@; @ Raju Employees) Pension Ruies, 1979 (for short, "the Rules 1979"), framed under Artlcle 309 of the Constitution of India. After having attalned the status ofthe permanent empioyee 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 petitioner would submit that case of the petitioner is squarely covered by the declsion of this Court passed on 4th January, 2007 in Writ Petltion (S) No. 454 of 2005 (Ram Prasad Yadav and others Vs. State of Chhattlsgarh & others) and other connected matters. 4) Learned counsei aDpearina for the respondente/State does not dispute the submlssions made by learned counsei appearing for the petltloner. 5) The respondents are at iiberiy to consider the facts of the case as to whether the petltloner has compieted 15 years of servlce as gangman. in the event, it Is found that the petitioner has completed 15 ser^lces of servlce, the case shal! be aoverned bv the decision of thls Court §n the matter of Ram Prasad Yadav and others Vs. State of Chhattisgarh & others (supra). 6) Accordingly, the petltioner, who is a permanent gangman, is entitied to retire on attaining the age of 62 years in accordance wsth the Act, 1967. 7) The petition is accordingiy aiiowed, subject to verification of the facts. No order as to costs. ———^^ Sd/- SatishK.Agnihotri Judge