^^^^^^^^^^^m^^i^t^: "^''s'u^i'-t-yS'? gj^ij f S!'>*6?(*»t; IESS^ w. •-»'- ^^/^3 Z. IN THE HIGHCOURT OF CHHATTISGARH AT BILASPUR W. P. (Sl N0, 1^)} / 2007 Petitioner ^^ ^y .^nO^^-Moti Ram Rawat,Aged about .~^ ..' 1^0 VQOT-O C;/n Cll-iri •'.••'r'S"'i v\^-^2Y" v^o.^^^' ^' ^ Versus Respondents t^- 52 Years, S./o Shri Heera Ram Gangman, in permanent gang, Office of S.D.0. Public Works Department, Sub Division No.l, R/o Post-Gerwam, Raigarh, Dist : Raigarh-fC.G.) 1) State of Chhattisgarh Through-The Secretary r*.C$i Public Works Department, fi^A^ ^S^- Mantralaya' D.K.S. Bhawan, ^ ^'- Raipur-(C.G-) 2) Engineer-In-Chief, Public Works Department, Near 'Raj Bhawan', Dist: Raipur-fC.G.) 3) Superintending Engineer, Public Works Department, Bilaspur Division, Dist : Bilaspur-fC.G.) 4) Executive Engmeer, Public Works Department, Dist : Raigarh-(C.G.) 5) The Sub Divisional Officer, Sub Division No. 1 Raigarh, Dist : Raigarh-(C.G-) / '•'SsS'SSSSSS.^^^ :^^^^^r^;g;^^- ^^^-^.^e^s^^^ •• V- (2) . ^. WRIT PETITION UNDER ARTICE 226 OF THE CONSTITUTION OF INDIA n ^^ HI6H COURT OF CHH/(TTIS6ARH AT BILASPUR W. P.fSl No. 1211 of 2007 Petitioner Moti Ram Rawat Versus Re^ionttents : Starte of Othattisgarh and o-thers SB: Hon'bte Mr. Justice Satish K. Agnihotri, J Present: Mr. Rakesh Anthony, Advocacte for the petitioner. Mrs. Anju Ahuja, Deput/ Sovemment Advocate for the State/respondents. O R D E R (Passed on this 1st &oy of March, 2007) 1. By this petition, leamed counsel appearin9 for the petitioner submits •that the petitioner was employed in the year 1983 <ss permanent fiangman in -the Public Works bepartment, who has worked for more 'than 25 years as Songmun seeks a relfef that the petitioner being permanent gangman be retired at the age of 62 years in accordance with the Chhattisgarh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 (for short 'the Ac^, 1967') read wMi Fundamental Rule (for short 'F.R.')56. 2. According to teiamed counsel for the petitioner, the petitioner attainecl the status of permcment employee, as defined under 2(c) of the ChhatKsgarh (Workcharged and Contingency Paid Employees) Pension Ruies, 1979 (for short 'ihe Rules, 1979'). fromed under Art-icle 309 of the Constitution of India. Aft&r having atfained the status of the permanent emptoyee the ^1%.' ^^ ^t^ ?' petitioner would retire on attainting the age of 62 years on ajperonnuation under the provisions of the Act, 1967. 3. Leamed counsel appearing for the petitioner woutd submit that the case of the petitioner is squarely covered by the decision of this Court passed on 4th January, 2007 BI W.P. No. 108/2005 (Gov'wtd Vs. State of Chhattisgarh & others) and other connected matters. 4. Leamed counsel appearing for the respondents/State does not dispute the submissions made by leamed counsel for the petitioner. 5. Accordingty, •the petitioner, who is permanent gangman, is entitled to retire on attaining the age of 62 years in accorckmce with the Act, 1967. The petition is accordingty allowed. No order as to costs. Sd/- SatishK-Agnihotn Judge ash