wua IN THE HON'BLE HIGH COURT OF JUDICATURE AT BILASPUR . CHHATT I SGARH w.P . N0.Qé&kL\/2ooz. PET IT IONER : HAR I RAM DHOB I AGED 5 5 years Son 'of Sri Guha“ @ Budhram , Labour o Water Resources Department . Re5ident of Village Biretai‘a , Post Doma , Tahsil & District Dhamtari Chhattisgarh. VERSUS. RE SPONDENT S OF CHHATT I SGARH ,Ihrough Secretary Department of Water Resources , I DKS Bhawan , Mant ralay , Raipur Chhat t i sga rh . ENNEER Jal Prabandh . Dam Division II , Rudri , District Dhamtari Chhat t i sgarh . 3 . SUB —D IV ISIONAL OFF ICER , Mahanadi Searsh J a1 Prabandh Sub-Divisi on I , Rudri , Tahsil 8. District Chhattisgarh. ' $ sTATE §2§ 2 . EXECUTIVE Mahanad i Dhamtari wRIT PETITION UNDER ARTICLE 22%”IIJ OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT , WRITs . ORDERS , DIRECTIONS ETC. Contcl. . .2 f GI t ’I—C— 78 XH 3% i ‘ . w P. No'éééLrQ/woL mm 111200 mmaafim) Wmm WW WW Qmifémm 29—9-2004 Petitioners through their re gpective counsel. State by Shn' V.V.S. Murtl y, Dy. Advocate General. Heard. 2. This batch of cases relate t0 Gangman, Chokidar etc. ofthe Water lResources Department. Since the Question involved in all the petitions is similarghey are being decided bythis common order 3. Counsel for petitioner submits that P.W.D. Manual, Volume l Chapter iv deals with Aceounts of Works and Stores. Para 4.003 deals with Registration/and Paym‘ent of Daily Casual Labour/Regular Labour Gangs. Para 4.003 reads thus? 4.003(A) ‘ Casual Labour Gangs- When work is to be done by dailV' casual labour gangs,» the_glubordinate incha_rge shall prepare a muster rollj which will show the names of the work-people; their'attendance. the vork done and the amc unt pavable on this account Monthlv muster rolv s ifnecessary, may be closed after seven days‘oras eonvenient. (B) Permanent Gangs-s \ (a) l (e) Any recruitment to regular gangs 'Will hie done only with the pennission of S‘E. Labourers more than 58 year's of age shall not be employed/continued in regular gangs.” ' . r. x'LH‘C—Js gooL WWW mmm mmm 4. It is submitted that there is no change in the Manual. He- further submitted that by a notification, manual cannot be superseded 2044/2004), the Additional Sec F/13/1 1/8/2000 has issued dire > ‘ should not be allowed to work 're‘fgren'ceLto the above lettéf, the / employees vide its letter dated”: 'per Annexure‘P-3 that the emplc 55 years are. 1‘. Chokidar (2)>_Labourl(unskilled), (3) Helper (unskilled), (4) f Civil (5)‘Mali’(6) Khalasi (7)'G‘z it was made >elear that the orde1 daily wage employees ahdth‘ey Counsel f r petitioner submittet may be kept in service till 60 years of age. i that it is discrimination. He‘pla‘ced reliance 'onla deci ion in Union of India and another —v- International Trading Co. Ltd‘ and‘another reported in 2003 (5) SCC 437 and-State of Orissa and others —v- Titagliud-Paper Mills reported-i1 AH¥L985 SC 1293. During the Course of hearing the decision of HighCouIt of M.P. in WP. No. 3200/2003 (State of Madhva Pradesh and others -—v- Smt. Bhazwati Bai and another) dated 23-3- 2003 was also brought to the notice- .ofthis‘ Court. 6. Counsel for petitioner further submitted that the State Government . issued another direction vide leter dated .17-4-2000 as per Anneimre P—4 and issued directions that the orde directing retirement of employees of Wat wax/mi n a v“ mm w‘pARéL]&/ m 2'00 mmwnwt) mwz‘tfs‘ztw ka'fawm Counsel for petitioner submitted that the as per aimesure P52 ( KP; No. *etary videletter dated 9-3-2000 bearing no. 3tion that the daily wage employees/labours on attaining more than 55 years of age. In Government has clarified the category _0f the 3-7-2000 bearing no. F/13/11/31xSa/2000 as yees who should not be allowed to work after ng‘na‘nandr(8)’ Process Surveyor. In the letter, under reference will not be applied on other , 5_ p x r.‘ er WW‘W W MP QMQ/mk mm m zoo mm(W) mmm ‘z " WW§WW ‘ ta’faqwéw submitted that Depaltment has . , Zsubrmtted that they have been 2000 (Annexure P—Z) and subs 2000 have not been consldered 7. Leamed Dy Advocate (reneral bxought to the notlce of the Coult me \dec1sxon taken b ' the State on 16 8-2004 Vtde letter bearing no F 14 33 1W /3 1/2004 whereby the age m the Water Resources Depaltment has been kept as 60 yeals The letter dated 16a §-2004 ls quoted below.- wt— W'WHE 3W; Gm W Wm; W4 W WmitmW3—i1/31/ ET /. 200mm; 0903 20m.- \ . __0__ I I \\‘ ~,/ WW#W\WWWWW Wemm angWWW‘teWa WWWW/Wanwewiwm mmnmamtmeem’i‘tmddet mmwemwwmwne I amewamwWTt wwwweme‘rss Wétvott at hfhrftt Trft Resources Department attaining the age of 55 years, are cancelled. He fuither not been fair in removing the employees. He removed pursuant to notification dated 9-3- oquent nottficatlon dated 17-4 2000 and 3-74 I‘here 1s not a whisper 1n the order m t ot mmw aléfzri amt-m (Wu) ”WWW mwg‘mf ,WWWMTQ (0L In zoo WWW wW taimm WWWW%% Msowwme‘xim 1am: Q‘ciaodnémé’r‘ewrd submitted that inspite of this decision of the '4 the depamnent has not taken any siep. In State Government has decided that in the ye of superannuation be kept 60years as it tepsr the State Government be informed hat now the State Govermnent‘ has taken 1, they are not implementing the same. 16e8l2004.- the Department Ought to have ed: to ’be passed by the Department. ILet the 1th the order dated 16-84-2094. It is further the petitioners beallowLd to continue C 8; Counsel for the pemiouer ‘ate Gmlemment dated 16-8-20( last pa1a o; the above order the ’Pubhc Works Depaxtment, the a1 ' was :arhur and after takmg nmnedlately The contennon 1s daemon and 1n spne ofthe dec1s10 In View of the order datec ”3.,taken steps and orders ore requu orders be passed m awordanoe v cm ected thmlt t111 orders are paesed Crll t v1 wmm gmmv mm Wmmrw 10. Sub ect to dtrettions and cbservatmns made abme the petitions st m disposed Consequently a11 the pendmg. M.W.t’s. and I.As. also stand ‘ disposed of 11. A oopx ofthxs Court be plar ed in all the connected nr%ars /\;/ 5dr Ndam \1 Fa\«‘ dge