f\^ HiGH COURT OF CHHATTiSGARH: BiLASPUR Petitioner Rsspondents wrni-ennoniSiNo. Teerath Ram Sahu, agsd about 50 vears, s/o. Shri Sodhan Sahu, R/o. Viliaas * Post, Bhoring, Mahasamund, D'.strict Mshassmund ^CQY Versus -1\ Stats of Chhatilsgarh, through Secretarv Water Resources Department, Sraiaya, D.K.S. Bhawan, Ral 2) Sub Divisionai Officer, Kodar Canai Watsr Resources Sub Ds'/ision No.2, Mshasamund, District Mahasamund (CG). (Writ Petiiion under Articie 226 of the Constitution of indja) SB: Hon'ble Mr. Satish K. Agnihotri, J. pr$3gnt; Shrl Sunt! Otwsni. coynsei fof^is ostltionsf. Shri Satish Gupta, Dy. Govt. Advocate for the State. ORAL ORDER (Passed on 16 January, 2008) Learned counsei aoDearina for ths Detitioner submits that the petiuoner, who was emDloyed as Dermanent Gansman on 9-3-1978 in the Water Resourees Department and the pstitioner, v/ho has worked for almost about 30 years as Ganaman. seeks a relief that the oetitioner being permanent Gangman be rettred at the age of 82 years in accordance with the Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 (for short, "the Act, 1967") read with Fundamentai Rule 2) According to iearned counsel appearing for the petitioner, the petiiioner attained ihe stetus of permsnent empioyse, as defined under Ruie 2 (c) of the Chhattisgarh Wrteharged and Contingency Paid Empioyees) Pension Ruies, 1979 (for short, "the Ruies 1979"), framed -d<aa- If .^" .•V: a "' w }i ^ -.. /:" .'"':' ^ 'tero"'' ." - 7 under Articte 309 of the Constitution of india. After having attained the status of the permanent emDiovee the peiitioner wouid retire on attainina the age of 62 years on superannuatioT! under the provisions of the Aci, 1967. 3) Learned counsel sppearing for the pefitioner wouid submit that case of She petitioner is squareiy covered by ths decision of this Court passes on 4 January, 2007 'n Wrii Petit'on (S) No. 454 of 2005 (Ram Prasad Yadav and others Vs. State of Chhatiisgarh & others) and other connected matiers. 4) Learned counse.' aopearina for the resoondenis/State does nof dispute the submissions made by tearned counsei aopearing for the petltioner. 5) The respondents are at iibertv to consider the facts of the case as to whether the petitioner has completed 15 ysars of sen/ice as gangman. In the event, !t Is found that ihe petitioner has comoleted 15 ssrvices of sewtee, the case shal! be governed by She decision of this Court in ths matfsr of Ram Prasad Yaasv and others Vs. State of Chhattjsgarh & others (supra). S) Accordingly, the petjtioner, who is a permanent gangman, is entitied to retire on attaining ths ags of 62 years in accordance with the Act, 1967. 7S The Detition is accordinaiv ailowed. subiect to verification of fhe facts. No order as to costs. „., -J—^^- Satish K. Agnihotri Judge