Chattisgarh High Court
Baleshwar Bhagat vs State Of Chhattisgarh on 9 April, 2025
1
2025:CGHC:16648
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2418 of 2025
Digitally
signed by
SHOAIB
SHOAIB ANWAR
ANWAR Date:
2025.04.09
23:49:19
+0530
1 - Baleshwar Bhagat S/o Shri Mankeshwar Bhagat Aged About 42 Years
Working As Computer Operator/clerk (Assistant Grade-3), R/o House No.
51d, Funduldihari Road, Near Kamleshwar Kirana Store, Nawapara,
Ambikapur, Distt.- Surguja (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, Chhattisgarh
2
4 - Superintendent Engineer Department Of Public Works, Ramanujganj,
Distt. Balrampur, Chhattisgarh
5 - Executive Engineer Department Of Public Works (B And R), Division
Ramanujganj, Distt. Balrampur, Chhattisgarh
6 - Sub Divisional Officer Public Works Department (B And R), Sub
Division Ramanujganj, Distt. Balrampur, Chhattisgarh
... Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) : Shri Syed Isshadil Ali, Advocate.
For Respondents/State : Ms. Akanksha Verma, Panel Lawyer.
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
09.04.2025
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 Computer Operator 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 Computer Operator in department of
respondent as daily wager and has completed more than a
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
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 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
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:
2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)
"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
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
