MSLE ^~ * \<^^ IB THE STGH GOBRT OF CHHfiTTISGA&H ^T BILaSPtIR WRIT EETITION N0.-2-3^" ;OF 2006. PETITIONER /;'y" ^'fe^/ ^^<^ ^.^...->?" 'y RESPOlOffiHIS ^^y^ r%?^/ <'•' t. < -"' <..••' VERSQS -9 .6"- /• £> 0 A-0^- ^' Bhalyarsfn* Soa of Maiigla Nirmalksc, aged about 51 years. ex-pemaneat Gaagman, Public Works Department, resident o£ village : Biiatapara, TaBigaon, Tehsil and District s Hahasamuad ( e^G. ) o^ 'aV^^- ; 1. Sfcate of Chhattisgarh through the Secretary, public K&rks Departmenfc, D.K.S. Bfaavan, Saipur ( CG. ) / 2. The Sub Divislonal Officer, Public >rks Department, Mahasaaund Division, Distt : HahaseBnuod ( C G. ) 3. The Exeeutive Engineer, Public torks Department, Mahasamund Division, Distt ; Hahasaaund ( C.G^ ) WRIT PETITION UHDER <aRTIC&ES 226/227 OP THE CONSTITUTION OP IHDZA E'OR ISSUaSCE OF WRIT, DIEECTION IH TIE NfiTBBE Off MASDAKI® ETC. . Xi-HC-22 ^5:1 ^TPTRra, "S^I'M'I®, sn^i'qii •f^IRi'Sn^T sfrH y?ici ' -\ + \rJ? l.^M.6..^ ynwaa'" """"""""""""V W\ .aiT^I'^RITWHttti 18-1-2006 Shri V.K. Pandey, Coi|insel for the petitioner. Shri Satish Gupta, Dy Heard. Learned counsel for including W.P. No.1722/200 Srafe of Chhattisaarhand^ thisCourton 15ti'September case aiso. Learned counsel app ^Nmta wRtr"-^ •fe^t^R?< ^? srpgii sn^i • Govt. Advocate for the State, (he petitioner submits that the matter relates to Gang-man. He fi|rther submits that in batch of cases, (Mohanlal Dadsena and others vs. ofAers); orders have been passed by 2005. Heprays for similar order in this aring for the State is not in a position to dispute this fact. Learnedcounsel for the petitionersubmits that the petitioner approached to the authoriti^s but he has not given the reiief as there is no Court order. Accotdingly this petition hasbeen filed. In theorder dated 15-5-: passed in W.P. No.1722/2003 in batch of cases, thisCourt ^as heidas under:- "3.......Purport ofl unambiguous as it) a5 weii as from thel gang men who ha'1 as on 30-03-20051 they attain the ag years of service, gratuity' only. This before 60 years o datori ?in.n^-7nn? the order is quite clear and appears from the perusa! of the order contentions of the petitioners that the le not completed the age of 60 years they wi!! be allowed to cOntinue tili i^ of 60 years. it is informed by the tearned counsel f^r the pstitiQner(s) that some of the gang men, wno ha^/e aiready retired on completion of 30 have been paid retiral benefits i.e. will be unfair, if the petitioners, who have retired befoi|e 30-03-2005 on completion of years of service, th|3ugh they have stil! some years to go age, are not given benefit of order . ['Tf^ ^R^l :l^ ''A sn^iq^ l<;-fj?b sng^i 5^-n^ •Hig^f •ysj •a)]i|ic)t), i?Ti'i'M<i(»,ftMi'yy 2 IR^? Mf 2-3>6/°6 stat^d 4. For the reasons directed to g!!ow all the compietion of 30 years the ageofBO years, to r| til! they attain the age of the retiral benefits, if any, above.the respondents are Igang men, who had rstired on <jf service but have not attained r^join the sen/ices and continue |60 years, subject to depositing Igiventothem. petitio(is 5.|n some of the for regularization of their counsel for the petitioneri dismissed as not pres^ liberty be grarited to the reguiarization before the The petitions with regard] are dismissed as not petitioners to raise the d| reljef of reguiarizatiQnj appropriate forum. nfi 6. in view of the foregoii the extent indicated abo^e directed to comply with months from the date o< order. NQ order as to costfe abo^e. tNiis <^N^Tiftr^ TTR^ff ^ 1^St <.f^eR '^'sTt^nan^T the petitioners have prayed ^ervices as Gang-man. Learned ^.subroit thatthe said prayer be jed at present. However, the betitiQners to raise the issue of ^ppropriate forum, if necessary. to the prayer of regularization pressed with liberty to the |spute seeking redressal of the if necessary, before the the petitions siand ailowed to The respondents are further order wiihin a period of two receipt/communication of this? Gowri This petition aiso stands a] passed inW.P.1722/2003. The res^ondents comply with the orders within a peri< of communication/'production of this Certified copy as per ruies. iowed to the extent of order are further directed to ?d oftwo monthsfrom the date prder. Sd/- Fakhruddin Judge [^^R3q -s- :.l .-'-Y -- ~t HS^..^..