VISHNU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This matter is referred to the Full Bench as a single Judge of this Court found that there are conflicting judgments of two Division Benches of this Court on the question - Whether a Gangman can be retired before attaining the age of 62 years. The Division Bench of this Court in the order passed in Letters Patent Appeal No. 51 2004, State of Madhya Pradesh v. Bharosi, decided on October 27, 2004 has laid down that a Gangman cannot be retired before attaining the age of 62 years. A similar view is taken by another Division Bench of this Court in the case of State of Madhya Pradesh v. Bhajanlal, 2004 (3) MPHT 143 (DB), while in another case i. e. Writ Petition No. 5484 of 2002, Gulab Singh v. State of M.P., delivered on February 10, 2005 a Division Bench of this Court at the Main Seat at Jabalpur has laid down Gangman can be retired before completion of 62 years of his age. As there is a conflict of judgments on the aforesaid question the matter is referred to this Full Bench for opinion as to which of those judgments lays the correct law.

(2.) From perusal of the judgments in the cases of State of Madhya Pradesh v. Bhajanlal (supra) it appears that these judgments lay down that the services of Gangmen are governed by the Rules, namely, Madhya Pradesh Public Works Department Work-charged and Contingency Paid Employees Recruitment and Conditions of Service Rules, 1976, hereinafter referred to as '1976 Rules' and hence they cannot be retired before attaining the age of 62 years, while in the case of Gulab Singh's case (supra) the Division Bench has laid down that the services of a Gangman are not covered by the said Rules and, therefore, the State Government by framing a policy can retire them even before attaining the age of 62 years.

(3.) The petitioners before this Court are working as Gangmen for a large number of years though they are appointed as daily rated employees. It is an admitted position that these petitioners are getting monthly salary. Annexure P-1(1) filed in Writ Petition No. 1693/2005 shows that the petitioner in the petition was appointed as Gangman on January 1, 1975 and he was retired by the said order w.e.f. June 30, 2005 i.e. he has worked for nearly thirty years on the said post.