Nafr High Court
Case Details
1 2025:CGHC:19001 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.30 15:30:12 +0530 WPS No. 2883 of 2025 1 - Ashok Gupta S/o Late Doman Sao Aged About 54 Years Working As Care Taker/ Phone Attendent (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 2 - Kush Ram Rajwade S/o Budhram Rajwade Aged About 34 Years Working As Labour/ Khansama (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 3 - Navraj Ram S/o Budh Ram Aged About 51 Years Working As Labour/ Khansama (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 4 - Anil Das S/o Manik Das Aged About 38 Years Working As Labour (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 5 - Sanjay Kumar Yadav S/o Ganga Ram Yadav Aged About 40 Years Working As Carpenter (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 2 6 - Satish Yadav S/o Late Ram Achal Aged About 36 Years Working As Labour/ Plumber, In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 7 - Etvar Say S/o Rambilas Aged About 36 Years Working As Care Taker (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 8 - Rameshwari W/o Chamrudas, D/o Shivmangal Das Aged About 52 Years Working As Labour/ Mali, In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 9 - Mohit Ram S/o Anand Ram Aged About 43 Years Working As Skilled Labour/ Plumber (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 10 - Rajesh Kumar Rajwade S/o Ramlal Aged About 42 Years Working As Labour (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 11 - Basant Ram S/o Birbal Ram Aged About 41 Years Working As Labour (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 12 - Ajay Sagar S/o Late Shyam Sagar Aged About 32 Years Working 3 As Sweeper (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 13 - Sampet Sonwani S/o Late Shivbalak Sarthi Aged About 52 Years Working As Plumber (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 14 - Buddhimaan S/o Bantu Das Aged About 42 Years Working As Care Taker (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 15 - Jitendra Yadav S/o Bacchu Yadav Aged About 29 Years Working As Labour (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 16 - Mukesh Kumar S/o Chetan Ram Aged About 38 Years Working As Labour (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 17 - Gopal Ram S/o Maniram Aged About 39 Years Working As Labour (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 2, Ambikapur, District Surguja, Chhattisgarh. 18 - Jagdev Ram Rajwade S/o Moolchand Rajwade Aged About 41 Years Working As Labour (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 2, Ambikapur, District Surguja, Chhattisgarh. 4 19 - Mithlesh Rajwade S/o Rameshwar Rajwade Aged About 35 Years Working As Plumber (Daily Wager) In The Office Of Sub Divisional Officer, Department Of Public Works (B/ R), Sub Division No. 2, Ambikapur, District Surguja, Chhattisgarh. 20 - Bharat Yadav S/o Shiv Prasad Aged About 34 Years Working As Care Taker (Daily Wager) Department Of Public Works (B/ R), In The Office Of Sub Divisional Officer, Sub Division No. Wadrafnagar, District Ramanujganj-Balrampur, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 2 - Engineer-In-Chief Department Of Public Works, Nirman Bhawan, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 3 - Chief Engineer Department Of Public Works, Surguja Zone, Ambikapur, District Surguja, Chhattisgarh. 4 - Superintendent Engineer Department Of Public Works (B/ R), Circle Ambikapur, District Surguja, Chhattisgarh. 5 - Executive Engineer Department Of Public Works (B/ R), Division Ambikapur, District Surguja, Chhattisgarh. 6 - Executive Engineer Department Of Public Works (B/ R), Division Ramanujganj, District Ramanujganj-Balrampur, Chhattisgarh. 7 - Sub Divisional Officer Department Of Public Works (B/ R), Sub Division No. 1, Ambikapur, District Surguja, Chhattisgarh. 5 8 - Sub Divisional Officer Department Of Public Works (B/ R), Sub Division No. 2, Ambikapur, District Surguja, Chhattisgarh. 9 - Sub Divisional Officer Department Of Public Works (B/ R), Sub Division - Wadrafnagar, District Ramanujganj-Balrampur, Chhattisgarh. (Cause title taken from CIS) Respondent(s) For Petitioner(s)
Legal Reasoning
: Mr. Pawan Shrivastava, Advocate For Respondent(s)/State : Mr. Kanwaljeet Singh Saini, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 28/04/2025 1. By the present petition, the petitioners are seeking a direction towards the respondent authority to regularize the services of the petitioners, as they are working as Daily Wager, pursuant to the circular dated 05.03.2008 from the date when the similarly situated persons have been regularized. 2. Case of the petitioners, in brief, is that the petitioners are presently working as Daily Wager and have completed more than ten years in the respondent’s department. The petitioners are having all the requisite qualifications for holding the said post. The petitioners had submitted their detailed representation to the respondent authorities for considering their case for regular appointment as they had already completed more than ten years. 3. 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 6 Articles 14, 15 & 21 of the Constitution of India. The petitioners are 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 petitioners are also entitled for regularization of their services on their respective. 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 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 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 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 petition is 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