Dilip Kumar Nirj and another v. State of Chhattisgarh and others)
Case Details
1 2025:CGHC:31569 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 667 of 2025 1 - Dilip Kumar Nirj S/o Shri Tipan Ram Nirj Aged About 44 Years Working As Phone Operator (On Collector Rate As Daily Wages Employee), At Office Of Sub Divisional Officer, Public Works Department (B/r), Sub-Division Jashpur No.-1, District - Jashpur (C.G.) 2 - Suman Kumar S/o Shri Eliyas Khess Aged About 56 Years Working As Mali (On Collector Rate As Daily Wages Employee), At Office Of Sub Divisional Officer, Public Works Department (B/r), Sub-Division Jashpur No.- 1, District - Jashpur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Public Works, Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur (C.G.) 2 - Engineer In Chief Department Of Public Works, Nirman Bhawan, North Block, Naya Raipur (C.G.) 3 - Chief Engineer Public Works Department (B/r), Ambikapur Zone, District - Surguja (C.G.) 4 - Superintendent Engineer Public Works Department (B/r), Bilaspur Circle, District - Bilaspur (C.G.) 5 - Executive Engineer Public Works Department (B/r), Sub-Division Jashpur, District - Jashpur (C.G.) 6 - Sub Divisional Officer Public Works Department (B/r), Sub-Division Jashpur No.1, District - Jashpur (C.G.) ---- Respondent(s) (Cause title taken from Case Information System) For Applicant(s)
Legal Reasoning
passed by this Court in WPS No. 5015 of 2025 (Dilip Kumar Nirj and another v. State of Chhattisgarh and others). 2.
Arguments
: Mr. Jeet Ram Patel, Advocate For Respondent(s)/State : Mr. Kanwaljeet Singh Saini, Panel Lawyer VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.18 18:55:58 +0530 2 Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 09/07/2025 1. This is an application for modification of the order dated 18.06.2025,
Decision
In the writ petition, the petitioners have claimed for regularization of their services within the stipulated period, as they were working as Daily Wager Employees since 2005 and 2010 respectively and there is a guideline and the judgment passed by the Hon'ble Supreme Court for regularization of their services after completion of 10 years of their services. Since, the petitioners have completed more than 14 years of their services, they are also entitled for regularization of their services. He would rely upon the order dated 01.04.2025, passed by coordinate Bench of this Court in WPS No. 2095 of 2025 and other connected batch of petitions and prayed for similar reliefs. On 18.06.2025, the matter came up for hearing before this Court and the petition has been disposed of in terms of the order dated 01.04.2025, passed in WPS No. 2095 of 2025 and other connected batch of petitions. Due to inadvertence, a wrong order has been uploaded in WPS No. 5015 of 2025, which is with respect to the issue of retiral benefits to work charged and contingency paid employees, therefore, in the order dated 18.06.2025, passed in WPS No. 5015 of 2025, the following shall be deleted. 3 “1. Learned counsel for the petitioners would submit that petitioners are retired employees of the Public Works Department, and were working as Work Charged Contingency paid employees. It is further submitted that in light of judgment passed by this Court in WPS-3870 of 2021 (Faguram Patel, and others Vs State of Chhattisgarh and others), and other connected matters, decided on 30.09.2022, present petitioners are also entitled for leave encashment. 2. Learned State counsel would submit that sufficient documents have not been filed by the petitioners, and it is also not reflected as to whether the petitioners have completed the minimum service to avail the benefit of leave encashment. 3. Heard learned counsel for the parties and perused the documents on record. 4. Be that as it may, without commenting anything on merits of the case, this petition is disposed of giving liberty to the petitioners to make a detailed representation before the concerned respondent/ competent authority within a period of 30 days from the date of receipt of copy of this order with all necessary documents to substantiate their claim. In that event, on due verification, if the petitioners are found to be similarly situated persons as in the case of Faguvaram Patel (supra), their claim shall be decided by the respondents in light of judgment passed in that case expeditiously, preferably within a period of 90 days from the date of submission of the 4 said representation. 5. Accordingly, petition stands disposed of with aforesaid observation and direction.” 3. After deletion of the aforesaid order, following shall be substituted and read as the order dated 18.06.2025, in WPS No. 5015 of 2025, as under:- “1. By the present writ petition, the petitioners, who are working on the post of Telephone Operator and Mali as daily wage employees on Collector rate under the respondent authorities/Public Works Department since 2005 & 2010 respectively, are seeking a direction towards the respondent authorities for regularization of their service. 2. Learned counsel appearing for the petitioners submits that the petitioners are working under the respondent authorities/Public Works Department as daily wage employees on Collector rate since 2005 & 2010 and they are entitled for regularization in their service as per the circular issued by the State Government. 3. Learned counsel appearing for the State would submit that as per the pleadings of the petitioners, they never approached the respondent Department claiming regularization of their services. He further submits that if the petitioners will submit a representation claiming their grievances, the same shall be considered in accordance with law and the 5 relevant circular, which is applicable to the case of the petitioners. 4. I have heard learned counsel for the parties and perused the documents. 5. In view of the above submission made by learned counsel for the State and looking to the fact that the petitioners have been working in the respondent Department since 2005 & 2010, the petitioners are directed to approach the respondent Department individually by filing their respective representations raising their grievance. In the event of filing of such representations, the concerned respondent authorities are directed to consider and decide the representation to be submitted by the petitioners, in accordance with law and the relevant circular, which is applicable to the case of the petitioners, within a period of 90 days from the date of submission of the representations. 6. With the aforesaid direction, the present writ petition is disposed of.” 4. With the aforesaid modification, the present MCC is allowed. 5. A copy of this order be placed in the record of WPS No. 5015 of 2025 and be read as a part of the order dated 18.06.2025, passed in WPS No. 5015 of 2025. ved Sd/- (Ravindra Kumar Agrawal) Judge