Sadhu Ram Yadav v. State of Chhattisgarh

Judgment

2. State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) Sub Divlsional Officer, Department, The Public Works Mungeli, District Bilaspur (CG) RESPONDENT: -Versus- Manharan, S/o Nanku, age 59 years, Gangman, PWD Mungeli, R/o Daupara, Tahsil Mungeli, District Bilaspur (CG) Writ Appeal No.225/2007 APPELLANTS: State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Sub Divisional Officer, Department of Public Works, Mungeli, Bilaspur-1, District Bilaspur(CG) RESPONDENT: Parsadi Ram, S/o Hemlat, Age -Versus- 9-& years, Gangman, PWD- 59 Mungeli, R/o Khujja, C/o J.E. PWD-Mungeli, District Bilaspur (CG) WritAppeal No.224/2007 APPELLANTS: RESPONDEKTS: -Versus- State of Chhattisgarh, Through the Secretary, Department of Public Works, Manfralaya, D.K.S. Bhawan, Raipur (CG) Public Sub-Divisional Officer, Works Department (B&R), Sub- Dongargarh, District Division Rajnandgaon (CG) Bhaga Bai, W/o Samaliya (Dled) her legat representatives are as under: 1A 1B 44 S/o Nagar, Shri Lakhan Lal Meshram, aged Shri years, Dhaniram Mahar, R/o Village Lal Tehsil Bahadur Disfrict Dongargarh, Rajnandgaon (CG) Shri Dhaniram Mahar, about 52 years, R/o Village Lal Lal Bahadur Nagar, Tehsil Bahadur Dongargarh, District Rajnandgaon (CG) Nagar, Post APPELLANTS: RESPONDENT: WritADDealNo.231/2007 State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) Finance Department, State of Chhattisgarh, Bhawan, Raipyr (CG) DKS Officer, Sub-Divisional Sub Division Office, C.G. P.W.D., PWD Office, Dongargarh, District Rajnandgaoon (CG) Smt. Leela Bai, S/o Swarupram Dhoni, Aged about 56 years, R/o

3. -Versus- ^ Bichhitola, Village Dongargarh, Rajnandgaon (CG) P.0. District WritADDealNo.230/2007 State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantrataya, D.K.S. Bhawan, Raipur (CG) APPELLANTS: Sub Divisional Officer, Department, The Public Mungeli, District Bilaspur (CG) Works RESPONDENT: -Versus- Bharat, S/o Larha, Age about 59 years, Gangman, PWD Mungeli, R/o Lamkena, Tah. & District Bilaspur (CG) WritADpeal No.229/2007 APPELLANTS:

3. RESPONDENT: -Versus- Principal State of Chhattisgarh, Through Secretary, Department of Pubtic Works, Mantralaya, Bhawan, Raipur (CG) D.K.S. The Supdt. Engineer, P.W.D. Bilaspur Division, Bilaspur (CG) S.D.O., P.W.D. Sub Division 3 Koni, Bilaspur (CG)

Bai, D/o Maheshia Smt. and W/o Panchram Sahu Bhaiyya ram Sahu, aged 60 years, R/o Village Mohtaraj, P.S. District Tahsil Ratanpur, Bitaspur (CG) & WritADpealNo.228/2007 APPELLANTS:

2. -Versus- State of Chhattisgarh, Through the Secrstary, Department of Public Works, lUlantralaya, D.K.S. Bhawan, Raipur (CG) Sub Divisional Officer, Department, The Public Mungeli, District Bilaspur (CG) Works .?£. RESPONDENT; APPELLANTS, Manohar, S/o Pussau, Age 59 P.W.D. Gangman, years, Tahsil R/o Mungeli, Mungeli, District Bilaspur (CG) Jota, WritADDealNo.227/2007 State of Chhattisgarh, Through the Secretary, Departmenl of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur (CG) Sub Divisional Officer, Department, The Public Mungeli, District Bilaspur (CG) Works RESPONDENI: -Versus- Suraj Bai Sahu, D/o Shyamlal, Age about 59 years, Gangman, PWD Mungeli, R/o Jhajpuri, District Bilaspur (CG) APPELLANTS; WritADDealNo.216/2007

2. State of Chhattisgarh, Through the Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Superintendent Engineer, Department of Public Works, Mungeli, Bilaspur (CG) RESPONDENT: -Versus- years, Gangman, Smt. Dujia Bai, D/o Tijuram, Age PWD 59 Mungeli, R/o Chandli, C/o J.E.. PWD Lormi, District Bilaspur (CG) Writ Appeal No.217/2007 APPELLANTS: RESPONDENT: -Versus- State of Chhattisgarh, Through the Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur (CG) Sub Divisional Officer, P.W.D. (B & R) Sub Division No.1, District Durg (CG) Shri Dhanush, Aged about 49 years, S/o Bharat, Labourer, ^ APPELLANTS: working under Sub Divisional (B &R) Sub Officer, P.W.D. Dlvision No.1, Durg, Tahsil & District Durg (CG) Writ AppealNo.218/2007 State of Chhattisgarh, Through the Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur(CG) Sub Divisional Officer, The Department of Public Works, Bilaspur Division No.2, District Bilaspur (CG) RESPONDENTS: -Versus- 1.

3. R/o Binora, Buddhuram, S/o Shiva, age 47 Tah- years, Takhatpur, District Bilaspur (CG) Kuman, S/o Khorbahra, Age 47 Tah. years, Bilaspur Tahkhatpur, (CG) District Jareti, R/o R/o Kathakoin, Phulkunwar, S/o Khunni, Age 48 Tah- years, Takhatpur, District Bilaspur (CG) All C/o Sub Engineer, P.W.D. Takhatpur, Section Sub-Division Bilaspur-2, Bilaspur (CG) WritAppeal No.220/2007 APPELLANTS: RESPONDENT: -Versus- State of Chhattisgarh, Through the Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Sub Divisional OfRcer, Department of Public Works, Mungeli Division, District Bilaspur (CG) 46 Lochan Ram, S/o Hinchharam, Age years, R/o Village Kuwagaon, Post Dharampur, Tahsil Mungeli, District Bilaspur 3D APPELLANTS: Writ Appeal No.222/2007

3. State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Superintending Engineer, Department, Public Works Bilaspur Division, Bilaspur (CG) The Sub Divisional Officer, Department of Public Works, Sub 1 2 & 3, District Division No. Bilaspur (CG) RESPONDENT: -Versus- years, Smt. Suraj Bai, D/o Munna, Aged Sarkanda, R/o 60 Bilaspur, District Bilaspur (CG) Tahsil & Writ Appeal No.213/2007 APPELLANTS:

3. RESPONDENT: -Versus- Principal State of Chhattisgarh, Through Secretary, Department of Public Works, Bhawan, Mantralaya, Raipur (CG) D.K.S. 1 The Superintendent Engineer, Department of Public Works, Bilaspur Division, Bilaspur (CG) Sub Divisional Officer, The Public Works Department, Sub Division No.2, District Bilaspur (CG) Visharam Yadav, S/o Bhagau Yadav, Age 60 years, R/o Nutan Cotony Chowk, Bilaspur, District Bilaspur (CG) APPELLANTS: WritADpealNo.215/2007 State of Chhattisgarh, Through the Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur (CG) Finance Secretary, State Chhattisgarh, D.K.S. Bhawan, Raipur (CG) -••ffWna~*^<' •'•..»A .' / 'f/;:s®a'f """•^ J •^ ^ f: y

3. Officer, Sub- Sub-Divisional Division Office, C.G.PWD, PWD District Dongargarh, Office, Rajnandgaon (CG) RESPONDENT: -Versus- Panchamram, S/o Anklah, Aged about 59 years, R/o Village Singarpur, Tilaeebhat, P.0. District Khairagarh, Tahsil Rajnandgaon (CG) WrJtAppeal ,219/2007 APPELLANTS^

3. -Versus- RESPONDENTS;

1. State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) Finance Secretary, State Chhattisgarh, D.K.S. Bhawan, Raipur (CG) Sub-Divisional Sub- Division OfRce, C.G. P.W.D., PWD OfRce, Dongargarh, District Rajnandgaon (CG) Officer, Nandlal Sildar, S/o Vishal Sildar, years, R/o 51 Aged Tahsil Village/P.O. Devkuha, Khairagarh, District Rajnandgaon (CG) Shanti Bai, W/o Bihari Kalar, aged about 55 years, R/o Village Ghusera, P.0. Jerknahar, Tahsil Khairagarh, District Rajnandgaon (CG) WritADpealNo.221/2007 APPELLANTS:

3. State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) Finance Secretary, State Chhattisgarh, Raipur (CG) Sub-Divisional Dongargarh Officer, Sub-Division, Bhawan, DKS Vi- RESPONDENT: -Versus- PWD C.G.PWD, Rajnandgaon, Rajnandgaon (CG) Offlce, District Ankalu Ram, S/o Bishambhar, aged about 59 years, Gangman, Post Boirdih, Village R/o P.S. Chhuriya, Shikarimehka, District Rajnandgaon (CG) WntADDeal No.233/2007 APPELLANTS: RESPONDENTS: -Versus- 1, State of Chhattisgarh, Through the Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur (CG) Sub Divisional OfRcer, The P.W.D., Division No.1, District Bilaspur (CG) Subhas Chand, S/o Bhagwati, age about

2. Vishnu, S/o Sukhdev, Age 54 years, Both R/o Village Post Bartori, Tah.-Bilha, District Bilaspur (CG) C/o Sub Engineer, P.W.D. Bilha, Sub-Division, District Bilaspur (CG) .» WritADpealNo.232/2007 APPELLANTSi

1. State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) Sub-Divisional Sub (B&R), District Durg (CGy Officer, Division PWD No.1, RESPONDENT: -Versus- Sukwaro; aged about 49 years, D/o Manthir, Labourer, working under Sub Divisional Office, P.W.D. (B&R) Sub Division No.1, Durg, Tahsil & District Durg (CG) •3S> Writ Appeal No.209/2007 APPELLANTS:

1. RESPONDENT: -Versus- State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Superintending Engineer, of Public Works Department Bilaspur Division, Bilaspur (CG) Sub Divisional Officer, The Public Works Department, Sub Division-3, Districi Bilaspur (CG) Gorelal, S/o Rajbali Singh, age about 60 years, R/o Village Bade Koni, Tah. & District Bilaspur WritAppeal No.208/2QQ7 APPELLANTS; RESPONDENT; -Versus- State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) Sub Divisional Officer, The Public Works Department, Division-3, Koni, District Bilaspur (CG) Motu, S./o Jagatram, Gangman, P.W.D. Koni, R/o Koni, Tah. & District Bilaspur (CG) WritAppealNo.151/2007 APPELLANTS: 1 RESPONDENT: -Versus- State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Sub Divisional Officer, Department of Public Works, Champa, District Janjgir-Champa (CG) Tulsiram, S/o Ramlal, age 55 Permanent Gangmen, years, PWD-Champa, R/o Pareahi, P.0. Pandaria, Janjgir- Champa (CG) District Q ^ 10 WritADpealNo. 150/2007 APPELLANTS; 1

2. RESPONDENT: -Versus- State of Chhattisgarh, Through the Secretary, Department of Public Worte, Mantralaya, D.K.S. Bhawan, Raipur (CG) Sub Divisional Officer, The Department of Public Works, Janjgir, District Janjgir-Champa (CG) Baratu, S/o Bhukhu, age 59 Permanent Gangman, years, PWD, R/o Village Pendri, C/o Sub-Engineer, Janjgir, District Janjgir-Champa (CG) APPELLANTS: RESPONDENT: APPELLANTS: WritAppealNo. 139/2007

2. State of Chhattisgarh, Through the Secretary,. Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) Sub-Divisional Officer, Patan-Division, Tahsil District Durg (CG) PWD, Patan, -Versus- Dhansay Sahu, S/o Buddhuram Sahu, Aged about 48 years, Gangman, P.W.D., Sub Division Tahsil Patan, Jamgaon District Durg (CG) (R), WritADDealNo.210/2007

3. -Versus- D.K.S. Principal State of Chhattisgarh, Through Secretary, Department of Public Works, Bhawan, Mantralaya, Raipur (CG) The Superintending Engineer, Department of Public Works, Bilaspur Division, Bilaspur (CG) The Sub Divisional Officer, Public Works Department, Sub Division-1, 2 & 3, Bilaspur (CG) ^ 11 ^ '^ ^' ,4' W - v^' RESPONDENT: APPELLANTS: Smt. Tilmati, W/o Bisahu Sahu, years, R/o 60 Aged & Tahsil Mangla, District Bilaspur (CG) Bilaspur, WritADpealNo.211/2007 State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Sub Divisional Officer, Department of Public Works, Sub Division-1, District Bilaspur (CG) Sukhin Bai, S/o Sagun, Age 52 years, FUo Sindhi Colony, Rajiv Nagar, Bilaspur(CG) RESPONDENT: -Versus- APPELLANTS: WritADpealNo.212/2007 State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) Finance Secretary, State Chhattisgarh, D.K.S. Bhawan, Raipur(CG)

3. -Versus- Sub-Divisional Dongargarh CGPWD, Rajnandgaon, Rajnandgaon (CG) PWD Officer, Sub-Division, Office, District RESPONDENT: APPELLANTS: Dhelu Ram Sildar, S/o Bijwar, Aged about 59 years, R/o Village Khairagarh, Devkala, District Rajnandgaon (CG) Tehsil WritApDealNo.214/2007 State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur(CG) Sub-Divisional Division No.2, Bilaspur (CG) PWD, Offlcer, Bitaspur, District 3C (^:^. '!s'^> 12 -Versus- RESPONDENT: APPELLANTSl RESPONDENTS: APPELLANTS: Ram Avtar, S/o Balmukund, Gangman, PWD-Mungeli, R/o Mohra, Tah. & District Bilaspur (CG) Writ Appeal No.223/2007

2. State of Chhattisgarh, Through the Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur (CG) Sub Divisional Officer, The Department of Public Works, Kota Division, District Bilaspur (CG) -Versus- 1.

3. Ramavtar, S/o Buturam, age 42 Ramlochan, S/o Motilal, Age 53 years, Smt; Suwasih Bai, Age 50 years All R/o Village Bharni, District Sub-Engineer, Bilaspur, P.W.D., Kota Division, District Bilaspur (CG) C/o WritADoealNo.64/2008

3. State of Chhattisgarh, Through The Secretary, Department of D.K.S. Water Resources, Bhawan, Mantralaya,Raipur (CG) The Executive Engineer, Water Rudri, Management Division, Tahsil & Disfrict Dhamtari (CG) The Sub Divisional Officer, Water Management, Sub Division No.1, Rudri, Tahsll & District Dhamtari (CG) Smt. Rohdasin Bai, Wife of Shri Lakhan Sahu, Aged about 60 years, R/o Village & Post Puri, Tahsil & District Dhamtari (CG) RESPONDENT; -Versus- Y^ 13 WritAopeal No.65/2008 APPELlANTSl

3. RESPONDENT: -Versus- State of Chhattisgarh, Through The Secretary, Department of Water Resources, Mantralaya, D.K.S. Bhawan, ,Raipur (CG) The Executive Engineer, Water Management Division, Rudri, Tahsil & District Dhamtari (CG) The Sub Divisional OfRcer, Water Management, Sub Division No.1, Rudri, Tahsil & District Dhamtari (CG) S/o Shri Tukaram Sahu, Sandhulal Sahu, Aged about 60 years, R/o Village & Post Kondel, Tahsil & District Dhamtari (CG) Wrlt Appeal No.66/2008 APPELLANTS:

3. RESPONDENT; -Versus- State of Chhattisgarh, Through The Secretary, Department of Water Resourees, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Sub Divisional Officer, Water Management, Sub Division No.2, Bhathagaon, District Dhamtari (CG) Executive Engineer, The Mahanadi Water ^4anagement, Dam, Division No.2, Rudri, Tahsil & District Dhamtari (CG) Chaituram Nirmalkar, S/o Late Shri Tijuram Nirmalkar, Aged about 60 years, R/o Village & Post Bhathagaon, Tahsil Kurud, District Dhamtari (CG) APPELLANT& Writ Appeal No.67/2008 State of Chhattisgarh, Through The Secretary, Department of Water Resources, D.K.S. Bhawan, Mantralaya Raipur (CG) Sub Divisional Officer, The Mahanadi Shirsha Jal Prabandh, QO ;.& 14

3. -Versus- Sub Division No.1, Rudri, District Dhamtari (CG) Executive Engineer, The Mahanadi Water Management, Dam, Division No.2, Rudri, Tahsil & District Dhamtari (CG) Babulal Sahu, S/o Late Shri Satvan Sahu, Aged about 60 years, R/o Village Sankra, Post Bhothli, District Dhamtari (CG) Tahsil & WritADpealNo.68/20Q8

3. State of Chhattisgarh, Through The Secretary, Department of Resources, Water D.K.S. Bhawan, Mantralaya, Raipur (CG) The Executive Engineer, Water Management Division, Rudri, Tahsil & District Dhamtari (CG) The Sub Divisional Officer, Water Management, Sub Division No.1, Rudri, Tahsil & District Dhamtari (CG) RESPQNDENT: APPELLANTS: RESPONDENT; -Versus- Smt. Ledgi Bai, aged about 60 years, Wife Shri Kheduram Tarak, Caste Dhimar, Rlo Village Biretara, Post Doma, Tahsil & District Dhamtari (CG) Late APPELLANTSl WritADpealNo.69/2008

3. State of Chhattisgarh, Through The Secretary, Department of Water Resourees, D.K.S. Raipur Bhawan, Mantralaya, (CG) The Executive Engineer, Water Management Division, Rudri, Tahsil & District Dhamtari (CG) The Sub Divisional Officer, Water Management, Sub Division No. 1 , Rudri, Tahsil & District Dhamtari (CG) ~^^ ^'^'T^'^s\r^jl >.. >•' 1 ^ RESPONDENT: APPELLANTS: RESPONDENT: 15 -Versus- Purushottam Sahu, S/o Late Shri Shyam Lal Sahu, Aged about 60 years, R/o Village Karra, Tahsll Kurud, District Dhamtari (CG) WritADDealNo.70/2008 State of Chhattisgarh, Through The Secretary, Department of D.K.S. Resources, Water Bhawan, Mantralaya.Raipur (CG) The Executive Englneer, Water Management Division, Rudri, Tahsil & District Dhamtari (CG) The Sub Divisional Officer, Mahanadi Water Management, Sub Division No.1, Rudri, Tahsil & District Dhamtari (CG) Asharam Sahu, S/o Mansaram Sahu, Aged about 60 years, R/o Village Biretara, Post Doma, District Dhamtari (CG)

3. -Versus- WritADDealNo.71/2008 APPELLANTS:

1. RESPONDENT: -Versus- State of Chhattisgarh, Through The Secretary, Department of Water Resources, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Sub Divisional Officer, Water Management, Sub Division No.2, Bhathagaon, District Dhamtari (CG) Executive Englneer, The Mahanadi Water Management, Dam, Division No.2, Rudri, Tahsil & District Dhamtari (CG) Budharu Ram Jangde, S/o Late Shri Manglu Ram Jangde, Aged about 60 years, R/o Village & Post Bhathagaon, Tahsil Kurud, District Dhamtari (CG) <v, :\:':^ r ^? ^ ' APPELLANTS: LfO rtNNiiuiaaeiiiB 16 WritADoealNo.72/2008

3. State of Chhattisgarh, Through The Secretary, Department of Resources, D.K.S. Water Bhawan, Mantralaya,Raipur (CG) Executive The Engineer, Mahanadi Jal Prabandh Dam, Division No.2, Rudri, Tahsil & District Dhamtari (CG) The Sub Divisional Officer, Water No.2, Management, Bhathagaon, District Dhamtari (CG) Division RESPONDENT: -Versus- Chandulal Rohini Bai Dhruwanshi, Widow of Late Dhruwanshi, Aged about 60 years, R/o Bus Tahsil-Kurud, Stand District Dhamtan (CG) Kurud, APPELLANTS: (Respondents) RESPONDENT: (Petitioner) APPELLANTS: Writ Aopeal No.73/2008

2. -Versus- State of Chhattisgarh, Through The Secretary, Department of Water Resources, Mantralaya, D.K.S. Bhawan, Raipur (CG) Sub Divisional Officer, The Mahanadi Shirsha Ja] Prabandh, Sub Division No,1, Rudri, Dlstrict Dhamtari (CG) Nirmalkar, Nirmalkar, S/o Dhananjay Aged Vishamber about 60 years, R/o Village & Post- Kandel, Tahsil & District Dhamtari (CG) Wnt Aopeal No.98/2008

3. State of Chhattisgarh, Through The Secretary, Department of Water Resourees, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Executive Engineer, Water Rudri, Management Division, Tahsil & District Dhamtari (CG) The Sub Divisional Officer, ^ /; 17 ^^ -Versus- NON-APPELLANT (Petitioner) Mahanadi Jalashaya Pariyojna, Sub Division No.1, Gangrel, Tahsil & District Dhamtari (CG) Smt. Chamarin Bai, Wife of Shri Anjor Singh, Aged about 60 Jevragaon, Post years, R/o Araud (Lilar), Tahsil & District Dhamtari (CG) Writ Appeal No.99/2008 APPELLANTS: (Respondents)

3. -Versus- NON-APPELLANT (Petitioner) State of Chhattisgarh, Through The Secretary, Department of Water Resources, Mantralaya, D.K.S. Bhawan, Raipur (CG) The Executive Engineer, Water Management Division, Rudri, Tahsil & District Dhamtari (CG) The Sub Divisional Officer, Mahanadi Jalashaya Pariyojna, Sub Division No.8, Rudri, Tahsil & District Dhamtari (CG) Buddhuram Kewat, S/o Late Shri Guaman Kewat, Aged 60 years, R/o Village- Barari (Mudpar), Post Bhoyna, Police Station Aijuni, Tahsil & District Dhamtari (CG) WritADpealNo. 137/2008 APPELLANTS: (Respondents)

1. NON-APPELLANT (Petitioner) . -Versus- State of Chhattisgarh, Through The Secretary, Water Resources Department, Bhawan, Raipur, Mantralaya, Chhattisgarh. D.K.S. The Sub Divisional Officer, Water Management, Sub Division No.7, Baloda, Thana Kharora, District Raipur (CG) The Executive Engineer, Water No.2, Management Baloda Bazar, District Raipur (CG) Division Kashi Ram Sahu, Aged 60 years, S/o Latel Sahu, R/o Village- and ^-^ 18 Post Arjuni, P.S. Kharora, Tahsil Baloda, District Raipur (CG) WritADpeal No. 143/2008 APPELLANTS: (Respondents)

3. -Versus- NON-APPELLANT (Petitionert State of Chhattisgarh, Through The Secretary, Publie Works Department, Bhawan, Raipur, (CG) D.K.S. Finance Secretary, State Chhattisgarh, D.K.S. Bhawan, Raipur (CG) The Sub Divisional Officer, Sub C.G.P.W.D., Division Office, Office, P.W.D. Khairagarh, District Rajnandgaon (CG) Sonbati Patel, W/o Rameshwar Patel, aged about 59 years, R/o Village Tahsil Khairagarh, Khairagarh, District Rajnandgaon (CG) Writ Appeal No.234/2007 APPELLANTS: (Respondents)

2. RESPONDENT -Versus- State of Chhattisgarh, Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Sub Divisional Officer, The Public Department, Bilaspur, Division No.1, District Bilaspur (CG) Works Govind, Age 48 years, S/o Patanga, Sub-Engineer Head Quarter, Sub Division, P.W.D.-1,Bilaspur(CG) C/o APPELLANTS: (Respondents) Writ Appeal No.275/2007

3. State of Chhattisgarh, Through The Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-chief, Public Works Department, Raipur (CG) Executive Engineer, Public NON-APPELLANTS (Petitione_rsl ^ aNNNUBBBidBiU 19

4. -Versus- Works Oepartment, Raipur (CG) Sub Divisional Officer, Public Works Department, Sub Division, Rajim District Raipur (CG)

1. Ram Aasra, S/o Late Shri Sakha Ram aged about 48 years. Indalram Kewat, S/o Late Shri Nankuram Kewat, aged about 48 years. Smt. Shanti Bai, W/o Late Shri Pachkaud, about 54 years. 3 5

4. Smt. Ramhin Bai, W/o Shri Khorbahra, D/o Late Shri Jhabbu Ram, aged about 58 years. Smt. Shanti Bai, D/o Late Shri Lalaram Sahu, aged about 53 years, Both R/o Village Arand, P-0. Basin P.S. Rajim, District-Raipur (CG) APPELLANTS: (Respondents) WrjtADDeal No.276/2007

4. State of Chhattisgarh, . Through The Secretary, Department of PublicWorks, Mantralaya, D.K.S, Bhawan, Raipur, (CG) Engineer-in-chief, Public Works Department, Raipur (CG) Public Executive Works Department, Raipur (CG) Engineer, Sub Divisional Officer, Public Works Department, Sub Division, Rajim District Raipur (CG) -Versus- 20 NON-APPELLANTS (Petitioners) ^

1. Malik Ram Sahu, S/o Jagat Ram Sahu, aged about 50 years, R/oVillage Bakli, P.0. Rajim, Tahsil Rajim, District Raipur (CG)

2. Govindram Dhimar, S/o Harakhuram, Aged about R/o Village 50 Arand, PO Basin, Tehsil Rajim, DistrictRaipur (CG) years,

3. Chamaruram Rawat,S/o Late Shri Guhan Ram Dhimar, Aged about 50 years, R/o Village Bakli, PO Rajim, Tehsil Rajim, District Raipur (CG)

4. Chotoo Ram Dhimar, S/o Late Shri Guhan Ram Dhimar, Aged about 50 years, R/o Village Bakli, PO Rajim, Tehsil Rajim, District Raipur (CG) APPELLANTS: (Respondents) WritApDealNo.277/2007

6. State of Chhattisgarh, Through The Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Superintending Engineer, Public Rajim, Department, Works District Raipur (CG) Engineer-in-chief, Public Works District Department, Raipur (CG) Rajim, Chief Engineer, Public Works Department, District Raipur (CG) Rajim, Executive Works District Raipur (CG) Engineer, Department, Public Rajim, Sub Divisional Officer, Public Works Department, Sub Division, Rajim District Raipur (CG) -Versus- NON-APPELLANT (Petitioner) APPELLANTS: (Respondents) H5" 21 Milooram Rao, S/o Late Shri Santram Rao, Aged about 53 years, R/o Nayapara, Rajim, District Ralpur (CG) WrltADpeal No.278/2007 State of Chhattisgarti, Through The Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-chief, Public Works Department, Mantralaya, DKS Bhawan, Raipur (CG) Ram Bishal, S./o Shri Sai, Aged about 60 years, R/o Village Tokro, Post Manikchauri, Tehsil Abhanpur, District Raipur (CG) -Versus- NON-APPELLANT (Petitioner) APPELLANTS: (Respondents) WntADpeal No.279/2007

2. State of Chhattisgarh, Through The Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-chief, Public Works Department, Mantralaya, DKS Bhawan, Raipur (CG) -Versus- NON-APPELLANT (Petitioner) Krishna Kumar Soni, S/o Late Shri Radhe Shyam Soni, aged 47 years, Tahsil VillageKutena, R/o Gariyaband, District Raipur'(CG) APPELLANTS: (Respondents) WritADpeal No.280/2007

3. State of Chhattisgarh, Through The Secretary, Department of Public Works, Mantralaya, D.K.S. » Bhawan, Raipur, (CG) Engineer-in-chief, Public Works Department, Mantralaya, DKS Bhawan, Raipur (CG) The Executive Engineer, Public Works Department, Raipur (CG) 4& 22 NON-APPELLANTS (Petitioners)

4. -Versus- Sub Divisional Officer, Public Works Department, Sub Division, No.3, District Raipur (CG)

1. Kejuram S/o Sukal Sahu, aged about 60 years, R/o Village Patewa, Post Nawapara, Patewa, RAjim, District Raipur (CG)

2. Doojram S/o Samaruram, aged about 48 years, R/o Village PO Manikchouri, Tahsil Raipur, Raipur (CG) District Tokro,

3. Kashiram, S/o Manrakhan, aged about 50 years, R/o Village. PO Tahsil Manikchouri, Raipur Raipur, (CG) District Tokro,

4. Bhulaou Ram Sahu, S/o Dhansay, Aged about 56 years, R/o Village Tokro, PO Manikchouri, Tahsil Raipur, Raipur District (CG)

5. Dwarka, S/o Surajbhan, Aged about 48 years, R/o PO Village Manikchouri, Tahsil Raipur, Raipur (CG) District Tokro, APPELLANTS: (Respondents) WritAppeal No.281/2007

3. 4- State of Chhattisgarh, Through The Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-chief, Public Works Department, Raipur (CG) The Executive Engineer, Public Works Department, Raipur (CG) Sub Divisiona] Officer, Public Works Department, Sub Division, Rajim District Raipur (CG) •J\ ^ ^- i1 x '- t 23 -Versus- NON-APPELLANTS (Petitioners)

1. Uday Ram Sahu, S/o Shri Alal Ram Sahu, aged about Viltage R/o 47 Beltukari, Tahsil Rajim, District Raipur (CG) years,

2. Madan Lal Sahu, S/o Late Ramadhar about 47 years, R/o Village Koma, PO Kirvai, Tahsil Rajim, District Raipur (CG) Sahu,

3. Smt. Shyama Bai, D/o Shri Gangaram Yadav, W/o Samaru Yadav, aged about Village 50 Patharra PO Kirvai, Tahsil Rajim, District Raipur (CG) years, R/o

4. Siyaram Sahu, S/o Late Shri Bishat Sahu, about 46 years, R/o Village Bakli, Tah. Rajim, District Raipur(CG)

5. Shri Manharan Sahu, S/o Late Gopal Sahu, aged about 47 years,R/o Village Beltukari, Tahsil Rajim, District Raipur (CG)

6. Shri Shyam Lal Sahu, S/o LatePranu Sahu, bout 55 years, R/o Village Kirvai, Semartara, District Tahsil Raipur (CG) Rajim, PO

7. Shri Ghashuram Nishad, S/o Late Nirbhar Nishad, aged about 50 years, R/o Village Shyam Nagar, PO Rajim, Barounda Tahsil District Raipur (CG)

8. Duijram Sahu, S/o Shri Thanwar Sahu, aged about Village 52 Borshi, PO Borshi, Tahsil Rajim, District Raipur (CG) years, R/o ^6 24 WritAppeal No.282/2007 APPELLANTS; (Respondents)

4. NON-APPELLANT (Petitioner) -Versus- State of Chhattisgarh, Through The Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-chief, Public Works Department, Raipur (CG) Executive Public Works Department, Raipur (CG) Engineer, Sub Divisional Officer, Public Works Department, Sub Division No.3, District Raipur (CG)

1. Ram Prasad Yadav, S/o Shri Bhondu Yadav, Aged 42 years, Occupation Service R/o Village Patharra, Tahsil Rajim, District Raipur (CG)

2. Radhey Sahu, S/o Bhunu Sahu, Aged 47 years, Occupation Service, Patharra, R/o Tahsil District Raipur (CG) Village Rajim,

3. Ramkamal Sahu, years, S/o Shankar Sahu, aged about 45 Occupation Sen/ice, R/o Village Nayapara, Rajim, Tahsil Abhanpur, District Raipur (CG)

4. Shri Prasad Malhotra, S/o 46 KapurchandMalhotra, Ageda years, Occupation Service, R/o Village Piparkhedi, Tahsil Rajim, District Raipur (CG)

5. Smt. Kamli Sahu, W/o Shri Hridya Sahu, Aged about 45 years , Occupation SeTvice, Village R/o Tarri Tahsil Nayapara, Abhanpur, District Raipur (CG) w 25

6. Smt. Ashbati Sahu, W/o Shri Gajaru Sahu, Aged 46 years, Occupation Service, R/o Village Nayapara, Tam, Tahsil Abhanpur, District Raipur(CG) Writ Appeal No.287/2007

2. -Versus- State of Chhattisgarh, Through The Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Officer, Sub-Divisional Sub Division No.1, CGPWD, PWD Rajnandgaon, Office District Rajnandgaon (CG) Smt. Jhuniya Bai, D/o Gaindlal, aged about 59 years, Permanent Tumdibod- Gangman, Dongergarh Road, Sub Division District No.1, PWD, Rajnandgaon (CG) Writ Appeal No.288/2007

5. State of Chhattisgarh, Through The Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-Chief, Public Works Department, Bhavan, Raipur (CG) DKS Superintendent Engineer, Durg Mandal, District Durg PWD Executive Engineer, PWD (B&R) Sub Division Office Khairagarh, District Rajnandgoan (CG) Sub Divisional Officer, PWD Division Office, (B&R) Khairagarh, District Rajnandgaon (CG) Sub Pheru Lodhi, S/o Hira Lodhi, aged about 56 years, R/o Village Domardih, PO Itarh, Tahsil/PS APPELLANTS: (Respondents) NON-APPELLANT (Petitioner) APPELLANTS: (Respondents) NON-APPELLANT (Petitioner) -Versus- "-^.. y^\ v^-./ 26 5° Khairagarh, District Rajnandgaon (CG) WrilADDealNo.289/2007 APPELLANTS: (Respondents)

5. -Versus- NON-APPELLANT (Petitioner) State of Chhattisgarh, Through The Secretary, Department of Publjc Works, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-Chief, Public Works Bhavan, Department, Raipur (CG) Superintendent Engineer, PWD Durg Mandal, District Durg DKS Executive Engineer, PWD (B&R) Sub Division Office Khairagarh, District Rajnandgoan (CG) Sub Divisional Officer, PWD Sub Division Office, (B&R) Khairagarh, District Rajnandgaon (CG) Dewangan, S/o Subheram Sukalu Dewangan, aged about 48 years, R/o Village Pipla Kachar, PO Pandadah, Tahsil Khairagarh, District Rajnandgaon (CG) APPELLANTS: (Respondents) WritADpeal No.291/2007

5. State of Chhattisgarh, Through The Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-Chief, Public Works Department, near Raj Bhawan, District Raipur (CG) Superintendent Engineer, Public Works Raipur Department, Division District Raipur (CG) Executive Public Works Depanment Tahsil and Division Bemetara, District Durg Engineer, The Sub Divisional Officer, Sub ^'.':'-•.. ^u v ^ s^ 27 Division Bemetara, Tahsil and Division Bemetara, District Durg (CG) -Versus- NON-APPELLANT (Petitioner) S/o Shri Gangman Udhoo Ram, aged about 48 Sukhram, years, working permanent gang, office of SDO, Public Works Department, Sub Division Bemetara, District Durg, R/o Ward No.1, Pikari, Tehsil Bemetara, District Durg Writ Appeal No.292/2007 APPELLANTS: (Respondents)

5. -Versus- NON-APPELLANT (Petitioner) State of Chhattisgarh, Through The Secretary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-Chief, Public Works Department, near Raj Bhawan, District Raipur (CG) Superintending Engineer, Public Raipur Works Department, Division District Raipur (CG) Engineer, Public Executive Works Department Tahsil and Division Bemetara, District Durg (CG) The Sub Divisional Officer, Sub Tahsll Division Bemetara, Bemetara, District Durg (CG) Raja Ram,aged about 57 years, S/o late Shri Latel Ram, working as Gangman in permanent gang, office of SDO Public Works Department, Division Bemetara, District Durg (CG), R/o Village Mahbhatta, Ward No.5, Tehsil Bemetara, District Durg (CG) Sub Writ Appeal No.293/2007 APPELLANTS: (Respondents)

1. State of Chhattisgarh, Through The Secretary, Department of PubticWorks, Mantralaya, D.K.S. <s^ 28

5. -Versus- Bhawan, Raipur, (CG) Engineer-in-Chief, Public Works Department, near RaJ Bhawan, District Raipur (CG) Superintending Engineer, Public Raipur Department, Works Division District Raipur (CG) Engineer, Public Executive Works Department Tahsil and Division Bemetara, District Durg (CG) The Sub Divisional Officer, Sub Tahsil Bemetara, Division Bemetara, District Durg (CG) Manharan, aged about 48 years, S/o Shri Paras Ram, working as Gangman in permanent gang, office of SDO, Public Works Division Department, Bemetara, District Durg, R/o Charbhata, Post Jhal, Tehsil Bemetara, District Durg (CG) Sub WritAoDealNo.294/2007

5. State of Chhattisgarh, Through The Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-Chief, Public Works Department, near Raj Bhawan, District Raipur (CG) Superintending Engineer, Public Raipur Department, Works Division District Raipur (CG) Engineer, Public Executive Works Department Tahsit and Division Bemetara, District Durg (CG) The Sub Divisional Officer, Sub Division Bemetara, Tahsil and Division Bemetara, District Durg (CG) -Versus- NON-APPELLANT (Petitioner) APPELLANTS: (Respondents) NON-APPELLANT (Petitioner) APPELLANTS: (Respondents) 29 Smt. Parvati Bai, aged about 57 years, W/o Shri Ramlal, working as Reja (Labour) in permanent gangman, ofRce of SDO, Public Works Department, Sub Division Bemetara, R/o Village Ddolia, Charbhata, Post Jhal, Tehsit Bemetara, DistrictDurg (CG) WritADDealNo.295/2007

5. State of Chhattisgarh, Through The Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-Chief, Public Works Department, near Raj Bhawan, District Raipur (CG) Superintending Engineer, Public Department, Raipur Works Division District Raipur (CG) Executive Public Works Department, Tahsil & Division Bemetara, District Durg (CG) Engineer, The Sub Divisional Officer, Sub Division Bemetara, Tahsil Bemetara, District Durg (CG) -Versus- NON-APPELLANT (Petitioner) Carpenter Jhunau Ram, aged about 57 years, S/o Shri Ram Singh, working permanent gang, Office of SDO, Public Works Department, Sub Division Bemetara, District Durg (CG) R/o Khati, Post Karesara, Tehsil Bemetara, District Durg (CG) APPELLANTS: (Respondents) WritADpealNo.296/2007

2. State of Chhattisgarh, Through The Secrelary, Department of Public Works, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-Chief, Public Works Department, near Raj Bhawan, District Raipur (CG) c' 30

3. -Versus- NON-APPELLANT (Petitioner) $M Superintending Engineer, Public Raipur Works Department, Division District Raipur (CG) Executive Public Works Department Tahsil and Division Bemetara, District Durg (CG) Engineer, The Sub Divisional OfRcer, Sub Tahsil Division Bemetara, Bemetara, District Durg (CG) Ramlal, aged about 59 years, S/o Shri Kartik, working Gangman in permanent gang, Office of SDO, Public Works Division Department, Bemetara, District Durg R/o Ddolia, Charbhata, Post Jhal, Bemetara, District Durg (CG) Sub Writ Appeal No.297/2007 APPELLANTS: (Respondents)

5. -Versus- NON-APPELLANT (Petitioner) State of Chhattisgarh, Through The Secretary, Department of PublicWorks, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Engineer-in-Chief, Public Works Department, near Raj Bhawan, District Raipur (CG) Superintending Engineer, Public Works Department, Raipur Division District Raipur (CG) Executive Public Works Department, Tahsil & Division Bemetara, District Durg (CG) Engineer, The Sub Divisional Offlcer, Sub Division Bemetara, Tahsil & Division Bemetara, District Durg (CG) Smt. Godavari Bai, aged about 57 years, W/o Shri Amrika, working as Reja (Labour) pennanent gang, Office of SDO, Public Works Department, Sub Division Bemetara, R/o Village ^s 31 Charbhata, District Durg (CG) Tehsil Bemetara, WritADDealNo.62/2008 APPELLANTS: (Respondents)

3. -Versus- NON-APPELLANT (Petitioner) State of Chhattisgarh, Through The Secretary, Department of Water Resources, Mantralaya, D.K.S. Bhawan, Raipur, (CG) The Executive Engineer, Water Management Division, Rudri, Tahsil & District Dhamtari (CG) The Sub Divisional Officer, Water Management, Sub Division No.1, Rudri, Tahsil & District Dhamtari (CG) Bishram Singh Sahu, S/o Shri Dhan Sai Sahu, aged about 60 years, R/o Village Shankardah, Post & District Dhamtari (CG) APPELLANTS: (Respondents) NON-APPELLANT (Petitioner) Wnt Aopeal No.63/2008 State of Chhattisgarh, Through The Secretary, Department of Water Resources, Mantralaya, D.K.S. Bhawan, Raipur, (CG) Executive Engineer, The Mahanadi Water Management, Project Dam, Division No.2, At Rudri, District Dhamtari (CG) Officer, The Sub-Divisional Mahanadi Water Resources Department, Sub Division No.1, at Rudri, District Dhamtari (CG)

3. -Versus- Sukhi Ram Yadav, aged 59 years, S/o Shri Bodhiram Yadav, By Post: Labour (Jal Upbhokta- Shramik) Working as Pennanent Gang Man, Mahanadi Water Resources Rudri, Dhamtari R/o Village Bhanpuri.Tahsil & Disfrict Dhamtari (CG) Division, (CG), •--t^ 32 5(, Present: Shri Vinay Harit, Deputy Advocate General with Shri S.K. Mishra, Panel Lawyer for the State/appellants. Shri Ashok Das Vaishnav, Shri Sameer Sahu, Shri Rahul Birtharey, Shri R.K. Pali, Shri P.P- Sahu, Shri S.P. Kale, Shri Rakesh Anthoni, Shri S.P, Sahu, Shri Vinod Deshmukh and Shri Abhijeet Sarkar, counsel for the respondents. Divlsjoa Bench: HQn'bte_ShnJ)hirendra Mishra & Hon'ble Shri R.N. Chandrakar, JJ. JUDGMENT (Delivered on'S.S ' ^ November, 2009) Tfie following judgment of the Court was delivered by Dhirendra Mishra, J.

1. This batch of writ appeate are being disposed of by this common judgment, the appellant/State has impugned the legality, correctness and constitutional validity of the impugned order dated 4 January, 2007 whereby learned Single Judge has allowed the batch of writ petitions by a commoii order and has held that the petltianers, who are permanent Gangmen, are entitled to retire on attaining the age of 62 years, in accordance with the Chhattisgarh Shaskiya Sevak Anivarya Seva Nivritti Ka Vidhi Manyatakaran Adhiniyam, 1967 (hereinafter referred to as 'the Act').

2. Hereinafter the parties shall be referred to as per their description before the writ Court. 3 The petitioners' case before the writ Court was that they were employed as Gangmen. They attained the status of permanent employees as defined under Rule 2 (c) of the Chhattisgarh (Workcharged and Contingency Paid •sj&uoiusd ai|ijo eseo 34} ui siqeoiidde tou SJE (,9^.61 'ssiny aw, voufi 'sainy soiAjsg ^o suo[}ipuoo pue (usujiinjoey sssAoidiug pied •ioi) 9/.61. SuoisiAojd ei)i AousBusuo3 pue psBjeqoitja^A tUOiuyedSQ SIJJOAA aiiqnd MJeBsiueLiyo eqi p ss]m 341 pue |enue|^ tueiuijedsa S>|JOA/\ •d'lM S4t P M-jstdeqo ui peuietuoo 'sseio usiuBueo tusueujjsd se pazuoSsieo ussq eAeq Aeyi se 'ssaAoidiue Asuseuiiuoo 301^0 se psyissep Asyi aje jou sssAoidLus 'psziiiin psBjeqo^jQM se psyissep ussq JSLDISU SAeq sjsuo^isd 941 Aiin.iuieB eq puueo seowjss jieij} aiesA 09 io sBe 3141 Suiuiene jsye leqi pajapisuoo sem y se 'sjesA s6e jisifl inq psjsaj }ou 'pei ui peo-i ui p8A|OAUi SJSM Aeqi 09 IE psxy ussq sey SOIAJSS uioj.t eBjeiiosip Joi 'S^JOM sjiedsj 'SJG usiufiueg tueueiujsd 8i|i •uaiu6ueQ juaueiujad SJE UISJSLI sjsuoiissd leqi pan6jB 'iejauao aieooApv AindsQ pau-ies| 'IUB|-| AeuiA uqs t' •smB~i jnpqe-i }U3|BAajd 94) o} Buipjoooe f.Wri}W6 jp; A|UO psiwus eje pue usuj6ueQ }uaueuiJ8d se UMOU>| sje 'ota : p eaueusiuieuj joj. pstoidiue SJE OLJM 'usiuBueQ sBeM Aiiea (ii!) pue sjesA 29 s! sjs^jom pa6jeqo^joM p IUSLUSJIISJ p s6e aq} pue A\y\fei6 pue uoisusd 'eieos 'Ajeies io^ psiisue 3ie SJSS|JOM ps6jeL|os(JOM (!!) 'psuiBiuieiii SJB sijooq SOIAJOS Jisiji pue SIEJ jot09||oo 8L|( )B ssBeM pied sje ASL|I pue isod lueoeA psuoipues aiji (suieBe psAoidius SJB SJOBBM Aiiep iions 'AousBuiiuoo 'A|siueu soiuo ein uioy pied SJB se6eM SSOI|M sjs>|jo/u\ 9Be/y\ Aiiea (i) lusujyedaa S^JOM 3'iqnd 34» Aq psAoidiua sjnoqei sBem A|iep |enueiu .10 spuii) £aje sjsiji teyi sem sieis/siuspuodssj sqi p pueis 941 'sesjaqM si<t p suoisiAojd 341 japun uoiienuuejadns uo sjesA 29 io sBe 941 Buiuiene uo ajssj PIPOM sjsuoiMsd ai)i 'eipui jspun psiuejl (,6Z6l 'ss]ny SMt, ljoqs jori 6^.61. ^o upffnwsuoo sq) p 60£ sp'PV 'ss|ny uoisued (sasAoidiua t^ ~^" 34 ^

5. On the other hand, leamed counsel appearing on behalf of the respondents submitted that after passing of the impugned order, as per policy decision of the State Govemment, the State Govemment vide its order dated 5 March, 2008 has taken a decision to regularize the services of daily wage workers/ad hoc employees who have been appointed before 31 December, 1988. Ifthe posts are not available against the workcharged and contingency services, they should be given appointment in regular establishment and if the posts are not available in regular establishment, necessary steps for creation of additional posts be taken. It has been clarified that Gangmen working in the Departments woutd be entitled for regularization and accordingly, services of all the petitioners have been regularized. The appeals preferred by the State have been rendered infructuous. 6 It was further argued that the Hon'ble High Court has passed the impugned order after considering the objections of the State raised in the return to the writ petitions by elaborately considering the relevant provisions of the Act and the rules framed by the State Government in this regard from time to time.

7. We have heard learned counsel for the parties. We have perused the pteadings of the respective parties, relevant provisions of the Act and the Rules applicable in this controversy and the impugned order.

8. The learned Single Judge, refemng to the judgment of the Full Bench of the High Court of Madhya Pradesh in the matter of Vishnu and Others Versus State of Madhya Pradesh and others {2006 (1) MPHT 374 (FB)} with approval, has held that the rules eariier framed by the State of Madhya Pradesh have been adopted by Ihe State of Chhattisgarh after its creation and the petitioners, who are permanent Gangmen, are entitled to retire on ^3 attaining the age of 62 years in accordance with the Act. It has been further held that the services of Gangmen are governed by the rules applicable to the workcharged and contingency employees even though the Gangmen are included in the schedule of the Rules, 1976 and the age of superannuatlon is 62 years as other class-4 employses of the State Government because they are in comparabte category. 9 Contingency paid employees & workcharged employees have been defined in Rule 2(a) & 2(h) of the Rules, 1976 whereas, rule 6 provides for categorization of the workcharged and contingency paid employees that those employees who have completed 15 years or more service on 1st January, 1974 shatl be entitled for the status of "Permanent Workcharged" or "Contingency Paid Employees". Rule 8 ofthe Rules, 1976 provides that in the matter of age, physical fitness of new entrants and the age of superannuation, as are applicable to the Government Servants of comparable categories in the regular employees are applicable to the new entrants into the service.

10. By the Act of 1967, Rule 56 ofthe Fundamental Rules applicabte to the State of Chhattisgarh has substituted by Section 3 of the Chhattisgarh Shaskiya Sevak Anivarya Seva Nivritti Ka Vidhl Manyatakaran Adhiniyam, 1967 was amended and by the said amendment, the age of superannuation of every Government servant other than Government Teacher and Ctass-4; Government servants was fixed as 60 years whereas, the age of superannuation of every Teacher and class-lV Government servant was fixed as 62 years. ^ ^NddNUfaiNi—iN 36 ii.The question for our consideration is - whether Learned Single Judge was justified in reaching to the conclusion that the petitioners are workcharged employees and as per Rule 2 (c) of the Rules, 1979, they have attained the status of permanent employees, as they have worked for more than 15 years or more?

12. There is no factual dispute that the petitioners have worked for more than 15 years in the PWD as Permanent Gangamen. Their attendance is maintained in the attendance register recorded by the time keeper.

13. It is true that the Gangman is not included in the Schedule of 1976 Rules, however, learned Single Judge referring to Rule 2 (c) of the Rules, 1979; further referring to rules 6 & 8 of the Rutes, 1976 and para-4.003 ofthe PWD Manua! has held that the petitioners are eligible for the status of "Permanent Workcharged" and "Contingency Paid Employees" and they are governed by the same policy for superannuation, as is applicable to the Class-IV Govemmenl employees as per amendment to Fundamental Rulss, 56 under the Act, according to which the age for superannuation of Class-IV Government Servants is 62 years. While reaching to the above conclusion, the ciroular dated 29-9-1975 issued by the General Administration Department (Pay Commission Cell), whereby the Gangmen have also been classified as Workcharged and Contingency Paid employees of Class IV category as also the Madhya Pradesh Workcharged and Contingency Paid Employees Revision of Pay Rutes, 1977 framed under Article 309 of the Constitution of India wherein post ofthe Gangman was shown at S. No.(xxvii) ofAnnexure-1 (under Rule-3) has also been considered. .•/*"A> fif^.^A ^-^ <'.--? •-—(-' 37 l4.After carefully examining the relevant provisions referred by the leamed Single Judge and after going through the judgment of the Full Bench of the Madhya Pradesh High Court in the caseof Vishnu and Othere (Supra), we the opinion that the Gangmen have rightly been classified as are of "Permanent Workcharged" employees and as such, Class-IV employees of the State Governmenl. Their services are governed by the Fundamental Rules, 1956 as amended vide Act of 1967 and their age of superannuation is 62 years.

15. In the result, we do not find any substance in these appeals, the same deserve to be and are hereby dismlssed. •, Sd/- DhirendraMishra Judge Ban/e Sd'- R.N. Chandraitar