IN THE HIGH COURT OF CHHATTISGARH AT BII .ASPUR [WRIT IURISDICTION] CIVIL WRIT PETITION N0W56 OF 2001 IN THE MATTER OE w/ / PETITIONER ; BABU RAM i/ S/o Sri Nain Das Aged about 55 years * Vill. Munda. Post Lawan, Tahsil — Baloda Bazar Distt. Raipux [Chhattisgarh] VER§US y 1. STATE OF CHHATTISGARH / Secretary Watet Resouxces Department, Secretariat, Raipur {C.G.} 2. CHIEF ENGINEER Mahanadi Project, Water Resources Department, Raiput {CG} . EXECUTIVE ENGINEER, Water Resources Division N0. 2 Baloda BaZar, Distt. — Raipur SUBDIVISIONAL OFFICER, Water Management Subdivision Not 6 Baloda Bazar, District: Raip'ur RESPONDENTS The Hon'ble ChiefJustice and His Companion Justices of the z’Hon'ble High Court of Chhattlsgarh at Bilasput PETITION UNDER ARTICLE 226 [227 OF THE CONSTITUTION OF INDIA . / r. Xl-HC——7 8 mm , w. P. Noazsé/éooi- 1:1 zoo WW(W) WWW 29—9-2004 Petitioners through their re State by Shri V.V.S. Murth Heard, l maxim mmm mmiifsém tmm Resources Department. Since the similarethey are being decided bV ;pective counsel. y, Dy. Advocate General. 2. This batch of cases relate t3) Gangnian, Chokidar etc. ofthe Water iuemon involved in all the petitions is this common order. 3. Counsel for petitioner submits that P.W.D. Manual. Volume l Chapter Para 4.003 deals with Registration and Payment of Daily Casual Labour/Regular Labour Gangs. Para 4.003 reads thus:- 4.003(A) ‘ casujal labour gangs, the ‘ubordinate incharge shall prepare a muster names of the work-people; their'attendance. the work done and the amd tint payable on this account. Monthly muster ose‘d after seven days ‘or’as convenient. iv deals with Accounts of Works and Stor. es rou/ which win show the rol s ifnecessarv. may be c (B§ Permanent Gangs- \ (a) (b) i. (C) (d) (e) permission Anv recruitment of S F to Labmalrers rwular inttrgtliati gaucs mil :9 be vears done ot‘age onlx shall \mh ietiie the emplovedjcontinued in regular gangs.“ Casual Laboir Gangs- When work is to be done by daily XX-HC—JS 2044/2004). the Additional Sec F/13/11/S/2000 has issued dire should not be allowed to work ‘ \ reference to the above letter, th/e employees Vide its letter dated i per Annexure'P-3, that the emplc ' ' 55 years arev 1’; .Chokidar (2) 7L /- , Civil (5) Mali‘(6)‘Khalasi (7)_G‘2 ’ it was made clear that the ordex daily wage employees and they Counsel ffir petitioner subinittet on .a deci ion in Union of lndia a and‘another reported in 2003 (5 Titaghuf-Pa‘per Mills reported i hearing; the decision of High Ct Madhva Pradesh and others —v— 2003 was also brought to the noti 6. Counsel for petitioner fl v l issued another direction vide- let . is‘sueddirec‘iions that the orders 11 s is no change in the Manual; He further 4. It is submitted that thex submitted that by a notification, manual cannot be superseded. '5. Counsel ibr petitioner sutuniitedthatthe as per aimexure Pa2 (Wt‘P. No. “etary Vide letter dated 9-3—2000 bearing no. ition that the daily wage employees/labours on attaining more than $5 years of age. In Government has clarified the category of the 3-7-2000 bearing no. F/l.3/l l/3l;Sa-¢’2000 as yees who should not be allowed to work after abour (unskilled),,(3) Helper (unskilled). {4) ngnan and (8) Process Surveyor. In the letter. under reference will not be applied on other may be kept in service till 60 years of age: . that it is discrimination. He’pla‘ced reliance nd another —v— International Trading Co. Ltd. l SCC 437 and-State ‘of Orissa and others —v— .1 AIR‘1985 SC 1293. During the Course of )urt of M.P. in W.P. No. 3200/2003 (State tr Smt. Bhagwati Bai and another) dated 23—3» .ce ofthis Court. i I itrther submitted thati the State Govennnent ,er dated l7—4-2000as per Amieysure P4 and directing retirement of employees of Water mmlAlF—4&S€/§ml ‘G‘L 200 mWW mum (13W) " m “ afar saw WW § 12%m $ aim m '&7‘ ' XI—HC~ 7S 3aW WW W W].m f’ggsé/QOOL.... wt zoo 311%“m (13W) mwfaw WWW ' . mmiiwm waxwm ' $3if=vmm€¥l Rssources Depamnent attainin the age of 55 years, are cancelled. He further submitted that Department has not been fair in removing the employees. He submitted that they have been removed pursuant to notification dated 9-3- ‘ l, 2000 (Annexure P 2) and subs quent notmcation dated 1/ 4 A000 ano 3 z- 2000 have not been eonstdered here 1s not a wh1sper m the order ‘7‘ Learned Dy. Advocate 'eneral brought to the‘gotice of the Court the {decision taken by the State on l -8-2004 ‘v‘ide letter bearing no F 14-53/ tall /3 1 ’2004 whereby the age m til Water Resources Department has been kept as 60 years The le‘ter dated 16- —2004 1s uoted below - > r W mama WW3 *41/3/ tar / * 2000W 09 03 2000. _0_\‘ ,' ‘ l” aWrt—« than ' WWWWW ' W WW?§WW%%WWWW% tmw mmwwattt I WWWW/Wattamatmqtm aanwahaaantmueewghéaw‘éy WWW ‘ rmwwmwe W55—twtmeamrwmwWW rtmaétettt Wewitutttfaea‘wa55 tdatgmqqm teuméa ‘ q W m 'W zka ia a ‘ L XI-HC—--?8 mmm 8.‘ Counsel for the petitioner ‘ubmitted that inspite of this decision of the State Government dated 16 8 20 4 the department has not taken anv step In * last para ol the above order th State Government has decrded that 1n the L Public Works Department, the a e of superannuation be kept 6O years as V w s uaxher and afier takmg 9. taken steps and orders‘ are Iequ1 d I orders bg/passe m accordance > directed th till ordsrs are passed; the- petmon‘ers be—allowed to gQntmue. 10.” Sub ect to directrons and cbservations made above, the petitions stand disposed f Consequently all the pending. M.W.§‘s., and LAs. also stand disposed of .. . \k l 1. Alcopy ofthis Court be plar ed in all the connected matter .. Sdl_ mwmfwmmw%% WW'WMQWwmWjaawm lard: W$§w£f1¢ma§fww ps the State Go Jemmmt be inform d immediately The contention is “hat now the State Government has taken dec1s1on and 1n splte ofthe dec1sro 1., they are not implementing the same f the order date 1 assed-by the Department Let the th the order dated 16-8-2004 It is further Deartment ought to ha've e p I l. F khrudd‘“ udge o 6- ‘ q to d e p 1 Wm PQRSé/BM’L mm (W) mam 311%?! mmW ‘ fa”!m t aimm