f5U fm li Oi ATTS [rit, Petition_ JS) _No. 39S5. iONI 2) 3) 5) ~7\/) Udey Ram Sahu, S/o. Shri Alai Ram Sahu, aged about 47 years, R/o. viiiage Beltukari, Tahsil Rajim, District Raipur, CG. Madan Lsi Sahu, S/'o. Laie Ramadhar Sahu, aged about 47 years, Ri'o. vijjage Koma, P.0. Ki"/ai, Tahsil Railm, Disirict Ralpur, CG. Smt. Shvams Bai, D/o. Shri Gangaram Yadav, W/o. Samaru Yadav, aged about 50 years, r/o. viiisge :. Patharra, P.0. Rajim, District Rajpur, CG. Slyaram Sahu, S/o. Late Shri Ishai Sahu, aged about 46 years, r/o. viSiage Bakll, Tah. Rajlm, District Raipur, CG. S£^.-S Manharan Sahu, S/o. late Gopai Sahu aged about 47 years, r/o. viiiage Beitukari, Tahsii Rajim, D'strict Raipur, C-G. Shri Shyam Lal S/b. iate Shri Pranu Ram, aged about 55 ysars, r/b. viiiage SemarSara, P.0. Kirvai, Tahsii Rajim, District Raipur, CG, Shri Ghashuram Nishad. S/o. Late N!rbhar Nishad, aged about 50 years, r/o. viiiage Shyam Nagar, P.0. Barounda, Tahsii - Rajlm, Disfrict Rai.pur, CG. Duilram Sahu. S/o. Shri Thanwar Sahu, agsd about 52 years, r/o. viliage Borshi, P.0. Borshi, Tahsii -RajSn, District Raipur, CG. 1) State of Chhattisgarh, through She Secretary, Pubiic Works Departmsnt, Mantraiaya, D.K.S. !hawan, Raipur, CG. Engineer-in-chief, Pubiic Works 9 — •ft t', ^< 4' tepartment, Kaipur, CU. ExecuiEve Engineer, Public Works Departrrient, Raipur, CG. Sub-Divisiona! Officer, Pubiic Works DepartmenS, Sub-Dlvision Rajim, Raipur, CG. it Petition under Article 226/227 ofthe Conststution of india) i: Hon'bie Mr. Justice Satish K. Agnihotri rt: Shrl R.K. Paii, counsei for ths peiiiioner. Shri Sumesh Bajaj, Govt. Advocate for the State. (Passed on 11th •Ju!y, 2007) By this petition, iearned counsei appearing for the petitioners submits that the petitioners were emptoyed in the year 1978 in the Pubiic Works Department and the petitioners, who have vrorked for more than 27 years as Gangmen. seek the reiief that the petitloners being permanent Gangmen be retired at the age of 62 vears in accordance with the Chhattisgarh Shaskiya Sevak (Adhivarshiki -Ayu) Adhiniyam, 1967 (for short, "the Act, 19S7") read with Fundamenta! Rule (for short, "F.R") 56. 2) According to learned counsei for the petitioners, the petitioners attained the status of permanent employees, as defined under Rule 2(c) of the Chhattisgarh (Workcharged and Contingency Paid Employees) Pension Rules, 1979 (for s'nort, "the Ruies, 1979), framed under Articie309 of the Constitution of India. After having attained the status of the permanent empioyees the petitioners would retire on attasning the age of 62 years on superannuation underthe provisions ofthe Act, 1957. 3) Learned counse! appearing for the petitloners wouid submit that the case of the petitioners is squareiy covered by the decision of this Court passed on 4th January, 2007 in W.P.No. 108/2005 (Govind Vs. State of Chhattisgarh & others) and other connected matters. -3- ,.^i&. 4) Learned counsei appearing for the rsspondents/State does not dispute the submlssions made by iearned counsei for the petitioners. 5) The respondents are af liberty to consider the facts of the case asto whether the petltioners have compieted 15 years as gangmen. !n the event, it is found that they have compteted 15 years of service, the case shail be governed by the decision of this Court in Govind Vs. State of Chhattisgarh and 5) Accordingiy, the petiiioners, who are permanent gangmen, are entitied to retire on attaining the age of 62 years in accordance with the Act, 19S7. The petition is accordingly aiiowed, subject to verification of facts. No order as to costs. Sd/- Satish K. Agnihotri Judge