Khorbahara Nirmalkar v. State Of Chhattisgarh And Another

HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5947 of 2007 Khorbahara Nirmalkar S/o Shri Kahar Singh, R/o Navrangpur, Post Office - Ramhepur, Tehsil - Lormi, Bilaspur, Permanent Gangman Wrd - Working Under S.D.O. Maniyari, Wrd Sub Division, Mungeli, Distt. - Bilaspur (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh through Secretary, Water Resources Deptt., Mantralaya, DKS. Bhawan, Raipur (CG)

2. Sub Divisional Officer, Maniyari, Wrd - Sub Division Mungeli, District - Bilaspur (C.G.) ---- Respondents For Petitioner:

None.

For Respondent/State:

Shri Vinod Deshmukh, Dy. Govt. Advocate.

Single Bench:

Hon'ble Shri P. Sam Koshy, J Order On Board 10.08.2015 The petitioner in the instant petition has challenged the order dated 7.8.2007 whereby, it was proposed that the petitioner would stand retired w.e.f. 31.10.2007 on his attaining the age of 60.

2.

The issue raised in the present writ petition is squarely covered by the judgment rendered by this Court in 2007 (2) C.G.L.J. 29 (Govind & Others vs. State of Chhattisgarh & Ors). Further perusal of the orders of this Court reveals that the present petitioner also had got interim protection on 1.10.2007 by virtue of which, notice of retirement dated 7.8.07 was stayed and by virtue of the interim order, it appears that the petitioner has been permitted to continue in service till he attained the age of 62.

3.

In the said facts and circumstances of the case particularly, the fact that the petitioner has continued by virtue of the interim relief till the age of 62, the present writ petition is allowed in terms of the decision rendered by this Court in the case of Govind & Ors. State of CG & Ors.

Sd/- (P. Sam Koshy) J U D G E Priya