1 - Amit Kumar Kashyap S/o Shri Sudama Ram Aged About 36 Years Working v. 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya
Case Details
AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.08 14:46:28 +0530 1 2025:CGHC:16117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2300 of 2025 1 - Amit Kumar Kashyap S/o Shri Sudama Ram Aged About 36 Years Working As Clerical Work (Clerk), R/o Ward No. 3, Ramanujganj, Near Civil Court, Ramanujganj, Balrampur, District Balrampur, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh. 2 - Engineer-In-Chief Department Of Public Works, Sirpur Bhawan, Raipur, District Raipur, Chhattisgarh. 3 - Chief Engineer Department Of Public Works, Ramanujganj, District Balrampur, Chhattisgarh 4 - Superintendent Engineer Department Of Public Works, Ramanujganj, District Balrampur, Chhattisgarh 5 - Executive Engineer Department Of Public Works (B And R), Division Ramanujganj, District Balrampur, Chhattisgarh 2 6 - Sub Divisional Officer Public Works Department (B And R), Sub Division Ramanujganj, District Balrampur, Chhattisgarh --- Respondent(s) WPS No. 2301 of 2025
Legal Reasoning
1 - Mahesh Rajwade S/o Shri Shyam Sai Rajwade Aged About 35 Years Working As Computer Operator, R/o. Ward No. 20, D.C. Road, Near P.W.D. Office, Ambikapur, Surguja, Dist.- Surguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh 2 - Engineer-In-Chief Department Of Public Works, Sirpur Bhawan, Raipur, Distt. Raipur, Chhattisgarh 3 - Chief Engineer Department Of Public Works, Ambikapur, Distt. Surguja, Chhattisgarh 4 - Superintendent Engineer Department Of Public Works, Ambikapur Division, Ambikapur Distt. Surguja, Chhattisgarh 5 - Executive Engineer Department Of Public Works (B And R), Ambikapur, Distt. Surguja, (C.G.) 6 - Sub Divisional Officer Public Works Department (B And R), Sub Division Ambikapur, Dist- Surguja (C.G.) --- Respondent(s) 3 WPS No. 2305 of 2025 1 - Md. Tabrez S/o Shri Md. Jahur Aged About 42 Years Working As Clerical Work (Clerk-Assistant Grade-3), R/o. House No. 40, Vill- Ara, Amdipara, Balrampur Dist- Balrampur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh 2 - Engineer-In-Chief Department Of Public Works, Sirpur Bhawan, Raipur, Distt. Raipur, Chhattisgarh 3 - Chief Engineer Department Of Public Works, Ramanujganj, Distt. Balrampur, Chhattisgarh 4 - Superintendent Engineer Department Of Public Works, Ramanujganj, Distt. Balrampur, Chhattisgarh 5 - Executive Engineer Department Of Public Works (B And R), Division Ramanujganj, Distt. Balrampur, Chhattisgarh 6 - Sub Divisional Officer Public Works Department (B And R), Sub Division Ramanujganj, Distt. Balrampur, Chhattisgarh --- Respondent(s) WPS No. 2308 of 2025 1 - Mukesh Kumar Thakur S/o Shri Mahendra Thakur Aged About 36 Years Working As Site Assistant (Skilled Labour) R/o 70/2 Ward No. 04 4 Kashyap Para, Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh. 2 - Engineer-In-Chief Department Of Public Works, Sirpur Bhawan, Raipur, District Raipur, Chhattisgarh. 3 - Chief Engineer Department Of Public Works, Ambikapur, District Surguja, Chhattisgarh 4 - Superintendent Engineer Department Of Public Works, Ambikapur Division, Ambikapur, District Surguja, Chhattisgarh 5 - Executive Engineer Department Of Public Works, Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh 6 - Sub Divisional Officer Public Works Department, Sub Division Ramanujganj, District Balrampur, Chhattisgarh --- Respondent(s) WPS No. 2310 of 2025 1 - Antesh Kumar Ravi S/o Shri Bansi Ram Ravi Aged About 36 Years Working As Clarical Assistant Skilled Worker Assistant Grade - 3, R/o 145, Ravipara, Budhu Tola, Ward No. 03 Ramanujganj District Balrampur Ramanujganj Chhattisgarh. ---Petitioner(s) 5 Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh. 2 - Engineer In Chief Department Of Public Works, Sirpur Bhawan, Raipur, District Raipur, Chhattisgarh. 3 - Chief Engineer Department Of Public Works, Ambikapur, District Surguja Chhattisgarh. 4 - Superintendent Engineer Department Of Pubic Works, Ambikapur Division, Ambikapur District Surguja Chhattisgarh. 5 - Executive Engineer Department Of Public Works, Ramanujganj, District Balrampur Ramanujganj Chhattisgarh. 6 - Sub Divisional Officer Public Works Department, Sub Division Ramanujganj, District Balrampur Ramanujganj Chhattisgarh. --- Respondent(s) WPS No. 2313 of 2025 1 - Santosh Kumar Yadav S/o Shri Ayodhya Prasad Yadav Aged About 34 Years Working As Computer Operator (Assistant Grade-3), R/o Vill.- Dindo, Post - Salwahi, Balrampur, Dist. Balrampur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh 6 2 - Engineer-In-Chief Department Of Public Works, Sirpur Bhawan, Raipur, Distt.- Raipur, Chhattisgarh 3 - Chief Engineer Department Of Public Works, Ambikapur, Distt. - Surguja, Chhattisgarh 4 - Superintendent Engineer Department Of Public Works, Ambikapur Division, Ambikapur, Distt. - Surguja, Chhattisgarh 5 - Executive Engineer Department Of Public Works (B. And R.), Ambikapur, Distt. - Surguja (C.G.) 6 - Sub Divisional Officer Public Works Department (B. And R.), Sub Division Ambikapur, Distt. - Surguja (C.G.) --- Respondent(s) WPS No. 2323 of 2025 1 - Vikash Sharma S/o Shri Ishwar Prasad Sharma Aged About 46 Years Working As Computer Operator, R/o Gurughasidas Ward, Kedarpur, Ambikapur, Surguja, Dist. - Surguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh 2 - Engineer-In-Chief Department Of Public Works, Sirpur Bhawan, Raipur, Distt. - Raipur, Chhattisgarh 3 - Chief Engineer Department Of Public Works, Ambikapur, Distt. - Surguja, Chhattisgarh 7 4 - Superintendent Engineer Department Of Public Works, Ambikapur Division, Ambikapur, Distt. - Surguja, Chhattisgarh 5 - Executive Engineer Department Of Public Works (B. And R.), Ambikapur, Distt. - Surguja, Chhattisgarh 6 - Sub Divisional Officer Public Works Department (B. And R.), Sub Division Ambikapur, Distt. - Surguja, Chhattisgarh Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Syed Ishhadil Ali, Advocate For Respondent(s) : Mr. Vinay Pandey, Dy.A.G. Bibhu Datta Guru Hon'ble Shri , Judge Order on Board 07/04/2025 1. Since the identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common order. 2. For the sake of convenience, the pleadings and documents of WPC No.2300/2025 are being referred. 3. By the present petitions, the petitioners seek regularization of their services on the Grade-III post from the date when the similar situated employees have been regularized, in the light of the circular dated 05/03/2008 issued by the government. 4. Case of the petitioners, in brief, is that the petitioners are presently working on the post of Clerical/Computer cadre of Grade-III and on the post of Site Assistant in department of respondent as daily wager and have completed about one and a half decade. The petitioners are having all the requisite qualifications. The petitioners 8 submitted their detailed representations to the respondent authorities for considering their case for regular appointment as they already completed more than one and a half decade 5. Learned counsel for the petitioners submit that the action on the part of the respondent authorities is illegal, arbitrary, discriminatory in nature and also violative of the principles of natural justice and Articles 14, 15 & 21 of the Constitution of India. The petitioners are daily wagers since long. He would further submits that the State government has regularized the services of similarly situated daily wage employees on the basis of circular dated 05/03/2008, therefore, the petitioners are also entitled for regularization of their services in their respective posts. In support of his contention, learned counsel has relied on the judgment passed by this Court in the matter of Manoj Kumar Nirmalkar v. State of Chhattisgarh1 6. Per Contra, learned counsel for the respondents/State would oppose the contention of the counsel for the petitioners. 7. I have heard learned counsel for the parties and perused the material available on record. 8. The Hon'ble Apex Court in the matter of Narendra Kumar Tiwari and Others v. The State of Jharkhand and Others2 held in para 11 as under: "11. Under the circumstances, we are of the view that the Regularization Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service 1 WPS No. 4293 of 2012 (decided on 10/02/2023 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018) 9 on the date of promulgation of the Regularization Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularized unless there is some valid objection to their regularization like misconduct etc." 9. Having regard to the facts and circumstances of the case and the principles of law laid down by the Hon'ble Supreme Court, the petitions are allowed. The respondent authorities are directed to inspect the records of others similarly situated employees when their services were regularized. If the case of the petitioners are also found to be similar to those daily wagers whose services were regularized, their services be also regularized from the same date. It is also directed that all this exercise be completed within a period of 60 days from the date of receipt of copy of this order. SD/- (Bibhu Datta Guru) Judge Amardeep