'f,fiSSfFiSS^f3:£^f:S ^^Sg&'St^^^®^^^^ %fr:< ^ite^Us^G;' Q^&^^^ EM ^/^?rfa ^— IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W . P. (S) N0. ? "2. ! 0 / 2007 Petitioner ^ : Raja Ram, Aged about 47 Years, S/o Late Shri Latel Ram ...^ ^xy/ .^^y -^^y^ «^ .<?•-•^p' y<" A- ss,-y Versus Respondents -1) 3) 4) working as Gangman, in permanent gang, Office of S.D.O. Public Works Department, Sub Division Bemetara, Dist : Durg-fC.G.) R/o Vmage -Mohbhatta, Ward No.5, Tahsil - Bemetara, Dist : Durg-(C.G.) State of Chhattisgarh Through-The Secretary Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur-(C.G.) Engineer-In-Chief, Public Works Department, Near 'Raj Bhawan', Dist: Raipur-(C.G.) Superintending Engineer, Public Works Departnient, Raipur Division, Dist: Raipur-(C.G.) Executive Engineer, Public Works Department, Tehsil & Division Bemetara, Dist: Durg-(C.G.) laa 5) (2) The Sub Divisional Officer, Sub Division Bemetara, Tehsil - Bemetara, Dist: Durg-(C.G.) WRIT PETITION UNDER ARTICE 226 OF THE CONSTITUTION OF INDIA • WB'^ 1 a HI6H COURT OF CHHATTISGARH AT BILASPUR W. P.(S) No. 1210 of 2007 Petitioner RajaRam Versus Respondents : State of Chhatt-isgarh and o-thers SB: Hon'bte Mr. Justice Satish K. Agnihotri. J Present: Mr. Rdkesh Anthony, Adwcote for the petitioner. Mrs. Anju Ahuja, Deputy Sovemment Advocate for the State/reqiondents. ORDER yassed on this 1st Oay of March, 2007) 1. By 1+iis petition, leoaned counsel appearing for -the petitioner submits -that the petitioner was employed in the year 1977 as permanent Sangman in the Public Works bepartment, who has worked about 30 years as Sangman seeks a relief that the petitioner being permanent gangman be retired at the age of 62 years in accordance with the Chhattisgarh Shaskiya Sevak (Adhivardiiki-Ayu) Adhiniyam, 1967 (for Aort '-Hie Act, 1967') read with Fundamental Rule (for diort- 'F.R.')56. 2. According to leamed counsel for the petitioner, -the petitioner att-ained the status of permoment employee, as defined under Rule 2(c) of the ChhaWsgarh (Workcharged and Contingency Paid Employees) Pension Rules, 1979 (for short 'the Rules, 1979'), fromed under Articte 309 of the Constitution of India. After hwing att-ained the status of the permanent employee the petitioner would retire on attainting the age of -62 years on superannuation under -the provisions of the Act, 1967. 3. Leamed counset appearing for the petitioner would submit that the case of the petitioner is squarely covered by •the decision of -this Court passed on 4th Jcnuary, 2007 in W.P. No. 108/2005 (Sovind Vs. State of Chhatt-isgarh & others) <md other connected mat'ters. 4. Leamed counsel appearing for the respondents/State does not dispu-te the submissions made by leamed counsel for the petitioner. 5. Accordingty, the petitioner, who is permonent gangman, is entitled to retire on attaining the age of 62 years in accordance with the Act, 1967. The petition is accordingly allowed. No order as to costs. Sd/- Satish K. Agnihotri Judge 5ubho^i