VM HIGH COURT OF CHHATTISGARH: BILASPUR Writ Petition (S) No. 2107' of 2008 Petitioner Bisahu Ram, S/o. Shri Bakka Ram, aged about 60 years, Rio. ViHage and Post Sondur (Mechka), ' Tahsil Nagri, District Dhamtari (CG). Versus Resgondents 1)' State of Chhattisgarh, through Secretary, Department of Water Reseurces. Mantmlaya, D.K.S. Bhawan, Raipur (CG). .2) Sub Divisional officer, M.R.P. Dam, Sub Division No.1, Mechka, District: Dhamtari {CG}? ’ (Writ Petition under Article 226 of the Constituiion of indie) SB: Hon’ble Mr. Satish K. Agnihotr'i, J.- Present: Shri Mah’éndra Dubey aneev mar au, ’_ Shri Aiok Bakshi, .Govt. Advocate for the State. r counsei for the petitioner. ORAL ORDER (Passed on 10'“ day or April 2003) With consent of learned counsel appearing for both the parties, the , mater is heard finally. ‘2) Learned counsei appearing for the petitioner submits that the petitioner, who was appointed as daily wage labour in the establishment of respondents No. 1 and 2, in 1980; seeks a relief 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 Act, 1967”) read with Fundamental Rute 56. 3) According to learned counsel appearing for the petitioner, the petitioner attained the status of permanent employee, as defined under Rule 2 (c) of the Chhattisgarh (Workoharged and Contingency Paid Employees) ‘ Pension Rules, 1979 (for short, “the Rules 1979“), framed under ticie 30 r . .... Sj Ku Sh Ar 9 of the Constitution of india. After having atmined the status of the permanent employee, the petitioner would retire on attaining the age of 52 years on superannuation under the provisions of the Act, 196?. i 4) Learned counsel appearing for the petitioner submits that case of the petitioner is squareiy covered by the decision of this Court passed on 4‘“ January, 2007 in Writ Petition (S) No. 108 of 2005 (Govind 8: others Vs. State of Chhattisgarh and others) (2007 (2) C.G.L.J. 29) and other connected H mattefS. i 5) Learned counsei appearing for the respondents/State does not dispute the submissions made by learned counsel appearing for the petitioner. 6) Accordingly, the petitioner, who is a permanent Gangman, is entitied to retire on" attaining the age of 62 years in accordance with, the provisions of the Act. 1967. 7) The petition is accordingly aliowed, subject to verification of the facts v asto whether the petitioner has acquired the status of status of permanent-7’ Gangman. No order as to costs. y F Sd/— :ESatish K.Agnihetriim , Judge l i. ,