Chattisgarh High Court
Mukesh Kumar Gupta vs State Of Chhattisgarh on 29 April, 2025
1
2025:CGHC:19347
Digitally
signed by
SHOAIB
SHOAIB ANWAR
ANWAR Date:
2025.04.30
16:18:48
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2588 of 2025
1 - Komal Prasad Sahu S/o Shri Birbal Prasad Sahu Aged About 45
Years Working As Driver R/o Vidhansabha, Raipur District - Raipur
(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
District - Raipur Chhattisgarh
3 - Chief Engineer Department Of Public Works Raipur District - Raipur
Chhattisgarh
4 - Superintendent Engineer Department Of Public Works Raipur District
- Raipur Chhattisgarh
2
5 - Executive Engineer Department Of Public Works Division
Vidhansabha Raipur District - Raipur Chhattisgarh
6 - Sub Divisional Officer Public Works Department Sub Divisional Raipur
District - Raipur Chhattisgarh
--- Respondent(s)
WPS No. 2888 of 2025
1 - Mukesh Kumar Gupta S/o Shri Prithvinath Gupta Aged About 38 Years Working As Skilled Labor Spot Assistant, R/o Vimesh Singh Gali, Pichhe Para Ward No. 1, Balrampur, Dist - Balrampur-Ramanuganj 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, Distt. Raipur, Chhattisgarh 3 - Chief Engineer Department Of Public Works, Ramanujganj, Distt. Balrampur Ramanujganj Chhattisgarh 3 4 - Superintendent Engineer Department Of Public Works, Ramanujganj, Distt. Balrampur Ramanujganj Chhattisgarh 5 - Executive Engineer Department Of Public Works (B And R), Division Ramanujganj, Distt. Balrampur Ramanujganj Chhattisgarh 6 - Sub Divisional Officer Public Works Department (B And R), Sub Division Ramanujganj, Distt. Balrampur Ramanujganj Chhattisgarh
--- Respondent(s) WPS No. 2900 of 2025 1 - Rita Devi W/o Shri Yogendra Ram Aged About 32 Years Working As Part Time Sweeper, R/o House No. 36 B, Ward No. 2, High School Para, Post- Sanawal, Sanawal, Balrampur, 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, Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh.
44 - Superintendent Engineer Department Of Public Works, Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh. 5 - Executive Engineer Department Of Public Works (B And R), Division Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh. 6 - Sub Divisional Officer Public Works Department(B And R), Sub Division Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh.
--- Respondent(s) WPS No. 2911 of 2025 1 - Dayashankar Manikpuri S/o Shri Lalji Manikpuri Aged About 54 Years Working As Unskilled Labour, R/o Post- Sanawal, Vill.- Sanawal, Balrampur, Distt.- Balrampur-Ramanujganj (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-Ramanujganj, Chhattisgarh 5 4 - Superintendent Engineer Department Of Public Works, Ramanujganj, Distt. Balrampur-Ramanujganj, Chhattisgarh 5 - Executive Engineer Department Of Public Works (B And R), Division Ramanujganj, Distt. Balrampur-Ramanujganj, Chhattisgarh 6 - Sub Divisional Officer Public Works Department (B And R), Sub Division Ramanujganj, Distt. Balrampur Ramanujganj, Chhattisgarh
--- Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Syed Ishhadil Ali, Advocate. For Respondent(s) : Shri Vinay Pandey, Dy. Advocate General, Ms. Poorva Tiwari, and Shri Kanwaljeet Singh Saini Panel Lawyers Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 29.04.2025
1. Since the identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common order.
2. 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 since a long period pursuant to the circular dated 05.03.2008 from the date when the similarly situated persons have been regularized.
3. Case of the petitioner, in brief, is that the petitioners are presently 6 working on the post of Driver, Skilled Labour Spot Assistant, Part time Sweeper and unskilled labour in department of respondent as daily wager/contract basis and has completed about the period of more than one 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 more than one decade.
4. 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 this Court in the matter of Manoj Kumar Nirmalkar v. State of Chhattisgarh1
5. Per Contra, learned counsel for the respondents/State would oppose the contention of the counsel for the petitioner.
6. I have heard learned counsel for the parties and perused the material available on record.
1 WPS No. 4293 of 2012 (decided on 10/02/2023 7
7. The Hon'ble Apex Court in the matter of Narendra Kumar Tiwari and Others v. The State of Jharkhand and Others 2 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."
8. 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.
Sd/-
(Bibhu Datta Guru) Judge Shoaib 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)