w K^9 f ^0/1 IN THE HIGH COURT OF JODICATURE AT BILASPUR (C.G.l Wnt Petitlon(StNo.<Lt'<&V /2006 Petitioner ...'W!?^ ,,.^^1"- ^ ^f^-" Respondents ^ <*L. ^> r-.O' ."^ ^^,v^ Smt. Kuwar Bai, W/o Phool Singh Venna, aged about 60 years, ViUage 85 Post Korashi, P.S. Khorara, District. Raipur (C.G.) Versus 1. State of Chhattisgarh , Through, Secretary, Department of water Management, D.K.S. Bhawan, Raipur (C.G.) 2. Sub Divisional of&cer,Water . inanageinent,Sub division No. 5 Kanki, Thana kahora, Distt. Raipur (C.G.) 3. Ebcecutive engineer, j Water manageHient, Balodabazar,Division No. 2 Distt. Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTI^^FINDIA FOR ISUANCB OF A WRmiITHENATRURE OF MANDAMUS, PROBITION. CERTERORI OR ANY OTHER DIRECTIONISt OR ORDERfSt i* HIGH COURT OF CHHATTISGARH AT BtLASPUR SINGLE BENCH : HON'BLE MR. SATISH K. AQNIHOTRI, J. Petitioner R^Bondente WRiT PETtTIONtS.) N04181 OF 2006 Smt. Kuwar Bai yersus State of Chhattisgarh and oftere Present : Mr. Ashok Patii, counsel for the peffiioner. Ms. [^epali Pandey, Pane! Lawysr for the Stale/respondents. ORDER (Passed on 19th Day <rf February, 2007) Learned counsel appeanng for the petitioner submits tiiat the petitioner, whowas empioyed in the year 1978 as gangman and has worked for more ttian 25 years as gangman, seeks a reiief that the petitioner, being permanent gangman, be retired at the ageof 62 years in accordance with the Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 (for short 'the Act, 1967') read with Fundamental Ruie 56. ~2. According to leamed counset fbr the petitioner, the petitioner attained fte status of pemtanent.employee, as defined under Rute 2(c) of the Chhattisgarh (Workcharged and Contingency Paid Employees) Pension Ru!es, 1979, framed under Articl®309 of the Constitution of Inciia. After having attained the statais of the permanait employee, the petitioner wouid retire on attalnting the age of 62 years on superannuation underthe provisions ofthe Act, 1967. 3. Learned counsei appearlng for the psUtoner submils that the case of the petitioner is squarely coversd by the deeision of this C-ourt passed on 4th January, 2007 in W"t Pefition No.108 of 2Q05 (Gownd vs. State of Chhaffisgafh and crffters) and other connected matters. 4. Learned eounse! appearing for the State/respondents does not dispute the submissions made by iearned counsel app^iring for the petitioner. Gopa! S. The respondents are at liberty to constder the facte of the case as to whether the petitioner has completed 18 years ofserwce as gangman. in the event, it is found that ttie petitioner has eompteted 15 vears of service. the case shail be igoverned bv the deeision of ttiis Court in the matter of Govind vs. State of OihaWsgaff) and offiiers (supra). 6. Accordingly, the petitioner, vrtio is permanent gangman, is entitled to rstirs on attaining the age of 62 years in accordance with the provisions of the Act, 1967. 7. Thus, the wrlt petition is attowed. No order as to costs. Sd/- , ,_.; SaUsbK.Agnibom Judge ,* ^ -=7;3Kft3UW^^ ;-^.';: