1 - Narendra Ram Bhagat S/o Late Shri Marha Ram Aged About 55 Years v. 1 - State Of Chhattisgarh Through - The Secretary, Department Of Health And Family
Case Details
1 SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.04.23 16:12:22 +0530 2025:CGHC:18039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2618 of 2025 1 - Narendra Ram Bhagat S/o Late Shri Marha Ram Aged About 55 Years Working As Post Of Choukidar (Contract Basis), At OfÏce Of The District Ayurvedic Hospital - Jashpur, Tahsil And Thana - Jashpur, District - Jashpur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) 2 - District Ayurved OfÏcer Jashpur, District- Jashpur (C.G.) --- Respondent(s) WPS No. 2625 of 2025
Legal Reasoning
this Court in the matter of Manoj Kumar Nirmalkar v. State of Chhattisgarh1 4. Per Contra, learned counsel for the respondents/State would oppose the contention of the counsel for the petitioner. 5. I have heard learned counsel for the parties and perused the material available on record. 6. 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 on the date of promulgation of the Regularization Rules, ought 1 WPS No. 4293 of 2012 (decided on 10/02/2023 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018) 7 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." 7. 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/contract basis 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. Shoaib Sd/- (Bibhu Datta Guru) Judge
Arguments
1 - Dr. Bhagwati Prasad Narang S/o Shri Itwari Ram Narang Aged About 60 Years Working As Post Of Doctor ( Contract Basis ) At Govt. Primary Health Center Asta, Tahsil- Manora, District- Jashpur ( C.G. ). 2 Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through- The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur ( C.G. ). 2 - District Ayurved OfÏcer Jashpur, District- Jashpur ( C.G. ). --- Respondent(s) WPS No. 2648 of 2025 1 - Mahendra Kumar Yadav S/o Shri Madhusudan Yadav Aged About 35 Years Working As Post Of Sweeper At Community Health Center Farsabahar, Tahsil Farsabahar, District Jashpur C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur Chhattisgarh. 2 - The Chief Medical OfÏcer Jashpur, District Jashpur Chhattisgarh. 3 - The Block Medical OfÏcer Farsabahar, District Jashpur Chhattisgarh. --- Respondent(s) WPS No. 2670 of 2025 3 1 - Dr. Ravindra Kumar Sahu S/o Shri Madhav Prasad Sahu Aged About 44 Years Working As Post Of Doctor (Contract Basis) At Govt. Ayurvedic Dispensary Ranpur, Thana-Narayanpur, District- Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur (C.G.) 2 - District Ayurved OfÏcer, Jashpur, District- Jashpur (C.G.) --- Respondent(s) WPS No. 2681 of 2025 1 - Jitendra Ram Chouhan S/o Shri Khasru Ram Aged About 58 Years Working As Post Of Pharmacist (Contract Basis) At Govt. Ayurvedic Dispensary Ranpur, Thana - Naraynpur District - Jashpur Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur Chhattisgarh 2 - District Ayurved OfÏcer Jashpur, District Jashpur Chhattisgarh --- Respondent(s) WPS No. 2688 of 2025 1 - Dr. Jagat Ram Oraon S/o Late Shri Jeera Lal Oraon Aged About 56 Years Working As Post Of Doctor (Contract Basis) At Govt. Primary Health Center Dokda, Thana- Kansabel, District- Jashpur (C.G.) 4 Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through- The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur (C.G.) 2 - District Ayurved OfÏcer Jashpur, District- Jashpur, (C.G.) --- Respondent(s) WPS No. 2690 of 2025 1 - Manju Lakda D/o Shri Yakub Lakda Aged About 53 Years Working As Post Of Peon (Contract Basis) At OfÏce Of The District Ayurved Hospital Jashpur, District- Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Health And Family Welfare, Mantralya Mahanadi Bhawan, Naya Raipur (C.G.) 2 - District Ayurved OfÏcer Jashpur, District- Jashpur (C.G.) --- Respondent(s) WPS No. 2696 of 2025 1 - Kalindar Ram S/o Late Shri Butu Ram Aged About 50 Years Working As Post Of Pharmacist (Contract Basis), At Govt. Ayurvedic Dispensary Bataikela, Thana - Kansabel, District - Jashpur (C.G.) ---Petitioner(s) Versus 5 1 - State Of Chhattisgarh Through - The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) 2 - District Ayurved OfÏcer Jashpur, District - Jashpur (C.G.) (Cause title taken from CIS) --- Respondent(s) For Petitioner(s) : Shri Manoj Chauhan, Advocate. For Respondent(s) : Shri Suyashdhar Bagdaiya, Dy. Govt. Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 22.04.2025 1. By the present petitions, the petitioners are seeking a direction towards the respondent authority to regularize the services of the petitioners on their respective post on which they are rendering their services on daily wages/contract basis since a long period pursuant to the circular dated 05.03.2008 from the date when the similarly situated persons have been regularized. 2. Case of the petitioner, in brief, is that the petitioners are presently working on the post of Doctor, Pharmacist, Peon, Sweeper, Chowkidar in department of respondent as daily wager/contract basis and has completed about the period of one and a half decade. The petitioners are having all the requisite qualifications for holding the said post. The petitioners had submitted their detailed representations to the respondent authorities for considering his case for regular appointment as they had already completed about the period of one and a half decade 6 3. Learned counsel for the petitioners submits 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 petitioner is a daily wager since long. He would further submit 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 petitioner is also entitled for regularization of his services on the post of Computer Operator. In support of his contention, learned counsel has relied on the judgment passed by