Chattisgarh High Court
Suresh Kumar Singh vs State Of Chhattisgarh on 3 April, 2025
1
2025:CGHC:15637
RAHUL NAFR
JHA
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed by
RAHUL JHA
Date: 2025.04.04
11:50:27 +0530
WPS No. 2236 of 2025
1 - Suresh Kumar Singh S/o Shri Amrit Singh Aged About 43 Years
Working As Data Entry Operator Cum Assistant Grade-Iii (Daily Wager),
Department Of Public Works, In The Office Of Sub Divisional Officer, Sub
Division No. 2, Ambikapur, District- Surguja (C.G.)
Petitioner(s)
versus
1 - State Of Chhattisgarh Through Its Secretary, Department Of Public
Works, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar,
Raipur, District- Raipur (C.G.)
2 - Engineer-In-Chief Department Of Public Works, Nirman Bhawan,
North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur, District- Raipur
(C.G.)
3 - Chief Engineer Department Of Public Works, Surguja Zone,
Ambikapur, District- Surguja (C.G.)
4 - Superintendent Engineer Department Of Public Works (B/r), Circle
Ambikapur, District- Surguja (C.G.)
5 - Executive Engineer Department Of Public Works (B/r), Division
Ambikapur, District- Surguja (C.G.)
6 - Sub Divisional Officer Department Of Public Works (B/r), Sub Division
No. 2, Ambikapur, District- Surguja (C.G.)
Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) : Mr. Pawan Shrivastava, Advocate
For Respondent(s) : Mr. S.S. Choubey, PL
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
03/04/2025
1. By the present petition, the petitioner is seeking a direction towards
the respondent authority to regularize the services of the petitioner
on the post of Data Entry Operator cum Assistant Grade-III
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 petitioner is presently
working on the post of Data Entry Operator cum Assistant Grade-III
in department of respondent as daily wager and has completed
more than one and a half decade. The petitioner is having all the
requisite qualifications for holding the said post. The petitioner had
submitted his detailed representation to the respondent authorities
for considering his case for regular appointment as he had already
completed more than one and a half decade
3. Learned counsel for the petitioner 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 Data Entry Operator cum Assistant Grade-
III. 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 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."
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
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 petitioner is also
found to be similar to those daily wagers whose services were
regularized, his services be also regularized from the same date. It
2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)
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
Rahul
