(RS "'i •'•?'; »g c ^ '5-^Z IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. ?C5-^-Z-'/2007 PETITIONERS .^. <^^^" .y^^y' ty?'" V. ^•'^" ....•••• ;'••'' .* ^_ i'2-1' <"^w> %<0^u'/ ^\$<^y \^^Q^/ '^fluTc^ 3. ^ Kejuram, S/o.Sukal Sahu, Aged about 60 years, R/o. 'Village Patewa, P.0. Patewa, Nawapara, Raj im, District Raipur (C.G. Doojram, S/o. Samaruram, Aged about 48 years, R/o. Village Tokro, P.0. Manikchouri, Tehsil Raipur, District RaipurfC.G.) Kashiram, S/p. Manrakhan, Aged about 50 years, R/o.; Village Tokro, P.0. Manikchouri, Tehsil Raipur, District Raipur(C.G.) Bhulaou Ram Sahu, S/^j. Dhansay, Aged about /56 years, R/o. Village Tokro, P.0. Manikchouri, Tahsil Raipur, District Raipur (C.G.) Dwarka, S/o .^-Suraj bhan, Aged about 4 & years, R/o. Village Tokro, P.0. Manikchouri, Tehsil Raipur, District Raipur (C.G.) VERSUS RESPONDENTS State of Chhattisgarh, Through the Secretary, PublicWorks Department, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) ^ISSS!^^^^^f^v- 2,.. Erigineer-in-Chief, Public Works Department, Raipur (C.G) ^V. Executive Engineer, Public Works Department, Raipur (C.G) Sub-Divisional Officer,' Public Works Department, Sub-Division No. 3, Raipur (C.G) ./''" WRIT PETITION UNDER ARTICLE 22'6/2?^ OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF/ WRIT IN THE NATURE OF CERTIORARI, MANDAMUS, PROHIBITION AND FOR OTHER SUITABLE WRIT OR WRITS, ORDER OR ORDERS, DIRECTION OR DIRECTIONS ETC. WG^ COURT OF CHHATraSSARH AT BILASPUR W. P.fS) No 1000 of 2(X)7 Petitioners ; Kejuram and others Versus Respondents State of Chhatl'isgar+i and others SB: Hon'ble Mr. Justice Satish K. Agnihotri, J Present: Smt. Fouzki Mirza, Advocate for -the petitioners. Ms. Sunita Jain, Panel Lawyer for the State/respondents. ORDER (Passed on this 21<t &ay of Febnwry, 2007) 1. By this petition, leamed counset oppearing for the petitioners aibmits -tliat the petitioners were employed in 1+ie year 1978 in the Pubiic Works Department and the petitioners, who have worked for more than 27 years as Sangman, seeks tiie relief that the petitioners being permc»ient gangmoin be retired at the cge of 62 years in accordonce with the Chhatt-isgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 (for short 'the Act, 1967') read with Fundamental Rule (for short 'F.R.')56. 2. According to tearned counsei for the petitioners, the petitioners attained the status of permanent employee, as defined under faile 2(c) of the Chhatt-isgarh (Workchwged and Contingency Paid Empioyees) Pension Rules, 1979 (for diort 'the ftules, 1979'), framed under Articie 309 of -rtie Constitution of India. After having attained the status of the permanent empioyee the petitioners would retire on attainting the age of 62 years on aiperonnuation under •the provisions of the Act, 1967. 3. Learned counsel appearing for the petitioners would submits that •the case of the petitioners are squarely covered by the decision of this Court passed on 4th January, 2007 in W.P. No. 108/2005 (6ovind Vs. State of ChhaUisgarh <& others) cmd other connected matters. 4. Leamed counsel appearing for the re^iondents/State does not dispute the submissions made by leamed counset for the petitioners. 5. Tlie respondents are at liberty to consider the facts of •tiie case osto whether the petitioners have completed 15years of service as gangman. In the event, it is found that 1+iey have compteted 15 years of service, the case shall be govemed by the decision of this Court in Govind Vs. State of Chhatt-isgarh and others (supro). 6. Accordingly, the petitioners, who is permanent gangman, are entitled to retire onatt'aining the age of 62 years in accorckince with the Act, 1967. The petition is accordingly allowed. No order as to costs. Sd/- Satish K. Agnihotri Judge Y&gesh