IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.No. “’6 Sing Bane w PETITIONER 1. Dwarika Prasad Soni S/o Bandhulal Soni aged about 50 years Occupation — service (Daily paid employee in PWD) R/o Viilage Temar Post office Temar , Tah. Sakti District Janjgir—Champa C;G 2. Nand Lal S/ ahu S/o W Buddhuram aged about 52 years Occupation— Service (Daily paid employee in PWD) R/o Village darrabhata Post .1 oftice Temar , Tah. Sakti " Distn‘ct Janjgir-Champa C.G VERSUS 1. State of Chhattisgarhm ork Department D.KIS,.. §l1avv§EmRaipur C.G z“ 2. Chief Engineer Public Work X tOfAL Thgx;%;1‘gl}v Secretary 8a Munstry ‘ J WRIT PETITION UNDER ARTIC ALE 226/227 OF THE CONSTITUTION OF INDIA v Department, Bilaspur C.G. 3. Superintendent Engineer rPublic Work} Department, Bilaspur C.G. Executive Engineer Public Work Department Champa‘ " Division Dismct- Janjgir— Champa C.G. 5. Sub-Divisional Officer Public Work Department Sub— Division Janjgir Champa C.G. HIGH COURT OF JUDICATURE CHHATTISGARH: BILASPUR Single Bench: Hon’ble Shri Satish K. Agnihotri, J. wm'r pmm’on No. 1477 OF 2006 Petm''oners : Dwarika Pmsad Soni 85 another Versus Respondents : State of Chhattisgarh 8r, othars Present: Shri Yogendxa Chaturvedi, counsel for the petitioners. Shri G.K. Beriwal, Deputy Advocate General for the. respondents I State. ORAL ORDER ( 28th Maxch, 2006) 1. Learned counsel, >‘-for ithe petitioners submits that the petitioners Were working as Gangman in the. Public Works Department. Vide order dated 2.4.2003, the respondents have decided that Gangman of Public Works Department should be retired from service, on completion of 30 years of service. The 4 petitioners retired after completing 3O years of service. 2. Learned counsel for the petitioners submits that in W.P. No. 93/2005 (Bharatram Sahu and 8x. others Vs. State of Chhattisgarh 35 others) and other connected matters vide order dated 15.9.2005 and further by order dated 16.1.2006 passed in M.C.C. No. 275/2005 (Latel Ram Kewat & others Vs, State of Chhattisgarh & others) this Court has considered similar points, invobled in this petition and allowed the petitions. Learned counsel for the petitioners prays that the same relief be granted to the petitioners. 3. Having heatd leaxned counsel for the. parties and having regard to ths facts and circumstances of the case, tha mspondents are directed >to allow the petitioners to perform their duty as Gangman, who were to retire on completion of 30 years of service, but have not attained the age of 6O years, to rejoin the service and continue till they attains the age of 60 years, subject to adjustment of the retiral benefits, if any, given to them. The retiral benehts, if any, paid earlier be deducted from the salary of the petitioners in installment at the maximum rate of 50%: of the salary. 4. In view of the foregoing, the petition stands allowed in the above terms. No order as to costs. Sd/— Satish K. Agnihotri Judge l t