Chattisgarh High Court
Smt. Bimla Bai vs State Of Chhattisgarh on 28 July, 2025
1
2025:CGHC:36618
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 8068 of 2025
1 - Smt. Bimla Bai W/o Puran Verma Aged About 45 Years Presently Working
As Labour (Daily Wages) Posted In Rest House Sub Division P.W.D.
Khairagarh Chhuikhadan Gandai C.G., R/o Village Pipariya Ward No. 1,
Tahsil Khairagarh District Khairagarh Chhuikhadan Gandai C.G.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Public Works Department,
Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur C.G.
2 - Engineer-In-Chief, Public Works Department, North Block, Sector-19,
Nirman Bhawan, Atal Nagar, New Raipur, District- Raipur C.G.
3 - Executive Engineer (B/r), Public Works Department Division Khairagarh
District Khairagarh Chhuikhadan Gandai C.G.
4 - Sub Divisional Officer, Sub-Division P.W.D. Khairagarh, Public Works
Department District Khairagarh Chhuikhadan Gandai C.G.
---- Respondent(s)
(Cause title taken from Case Information System)
For Petitioner(s) : Mr. F.S. Khare, Advocate
For Respondent(s)/State : Mr. Vinay Pandey, Deputy A.G.
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
28/07/2025
VEDPRAKASH
1. By the present petition, the petitioner is seeking a direction towards the
DEWANGAN
respondent authority to regularize the services of the petitioner on the
post of Labour 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 Labour in the respondent Department as daily wager and
has completed more than 17 years of service approximately. The
petitioner is having all the requisite qualifications for holding the post of
Labour. The petitioner had submitted her detailed representation to the
respondent authorities for considering hers case for regular appointment
on the post of Labour as she had already completed of service more than
17 years of service approximately.
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 her services on the post of Labour. In support of his
contention, learned counsel has relied on the judgment passed by this
Court in the matter of Manoj Kumar Nirmalkar vs. State of
Chhattisgarh, WPS No. 4293 of 2012 (decided on 10/02/2023)
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 vs. The State of Jharkhand and Others, Civil Appeal Nos.
7423-7429 of 2018 (decided on 01/08/2018), 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 muster
roll and all records when the services of other daily wagers were
regularized. If the case of the petitioner is also found to be similar to
those daily wagers whose services were regularized, her services be
also regularized from the same date with all consequential benefits. It is
also directed that all this exercise be completed within a period of 60
days from the date of receipt of a copy of this order.
Sd/-
(Ravindra Kumar Agrawal)
Judge
ved
