Chattisgarh High Court
Narendra Ram Bhagat vs State Of Chhattisgarh on 22 April, 2025
1
Digitally
signed by
SHOAIB 2025:CGHC:18039
SHOAIB ANWAR
ANWAR Date:
2025.04.23
16:12:22
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2618 of 2025
1 - Narendra Ram Bhagat S/o Late Shri Marha Ram Aged About 55
Years Working As Post Of Choukidar (Contract Basis), At Office Of The
District Ayurvedic Hospital - Jashpur, Tahsil And Thana - Jashpur,
District - Jashpur (C.G.)
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through - The Secretary, Department Of
Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur
(C.G.)
2 - District Ayurved Officer Jashpur, District- Jashpur (C.G.)
--- Respondent(s)
1 - Dr. Bhagwati Prasad Narang S/o Shri Itwari Ram Narang Aged About
60 Years Working As Post Of Doctor ( Contract Basis ) At Govt. Primary
Health Center Asta, Tahsil- Manora, District- Jashpur ( C.G. ).
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through- The Secretary, Department Of Health
And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur
( C.G. ).
2 - District Ayurved Officer Jashpur, District- Jashpur ( C.G. ).
--- Respondent(s)
1 - Mahendra Kumar Yadav S/o Shri Madhusudan Yadav Aged About 35
Years Working As Post Of Sweeper At Community Health Center
Farsabahar, Tahsil Farsabahar, District Jashpur C.G.
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Health
And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur
Chhattisgarh.
2 - The Chief Medical Officer Jashpur, District Jashpur Chhattisgarh.
3 - The Block Medical Officer Farsabahar, District Jashpur Chhattisgarh.
--- Respondent(s)
1 - Dr. Ravindra Kumar Sahu S/o Shri Madhav Prasad Sahu Aged About
44 Years Working As Post Of Doctor (Contract Basis) At Govt. Ayurvedic
Dispensary Ranpur, Thana-Narayanpur, District- Jashpur (C.G.)
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Health
And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur (C.G.)
2 - District Ayurved Officer, Jashpur, District- Jashpur (C.G.)
--- Respondent(s)
1 - Jitendra Ram Chouhan S/o Shri Khasru Ram Aged About 58 Years
Working As Post Of Pharmacist (Contract Basis) At Govt. Ayurvedic
Dispensary Ranpur, Thana - Naraynpur District - Jashpur Chhattisgarh
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Health
And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur
Chhattisgarh
2 - District Ayurved Officer Jashpur, District Jashpur Chhattisgarh
--- Respondent(s)
1 - Dr. Jagat Ram Oraon S/o Late Shri Jeera Lal Oraon Aged About 56
Years Working As Post Of Doctor (Contract Basis) At Govt. Primary
Health Center Dokda, Thana- Kansabel, District- Jashpur (C.G.)
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through- The Secretary, Department Of Health
And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur (C.G.)
2 - District Ayurved Officer Jashpur, District- Jashpur, (C.G.)
--- Respondent(s)
1 - Manju Lakda D/o Shri Yakub Lakda Aged About 53 Years Working
As Post Of Peon (Contract Basis) At Office Of The District Ayurved
Hospital Jashpur, District- Jashpur (C.G.)
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through- The Secretary, Department Of Health
And Family Welfare, Mantralya Mahanadi Bhawan, Naya Raipur (C.G.)
2 - District Ayurved Officer Jashpur, District- Jashpur (C.G.)
--- Respondent(s)
1 - Kalindar Ram S/o Late Shri Butu Ram Aged About 50 Years Working
As Post Of Pharmacist (Contract Basis), At Govt. Ayurvedic Dispensary
Bataikela, Thana - Kansabel, District - Jashpur (C.G.)
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through - The Secretary, Department Of
Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur
(C.G.)
2 - District Ayurved Officer Jashpur, District - Jashpur (C.G.)
--- Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) : Shri Manoj Chauhan, Advocate.
For Respondent(s) : Shri Suyashdhar Bagdaiya, Dy. Govt. Advocate
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
22.04.2025
1. 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/contract basis since a long period
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 petitioners are presently
working on the post of Doctor, Pharmacist, Peon, Sweeper,
Chowkidar in department of respondent as daily wager/contract
basis and has completed about the period of one and a half
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 one and a half decade
3. 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
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
2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)
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
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
