Chattisgarh High Court
Bhuneshwar Dixit vs State Of Chhattisgarh on 30 June, 2025
Digitally signed by
V PADMAVATHI
Date: 2025.07.03
10:44:56 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6015 of 2025
1 - Bhuneshwar Dixit S/o Shri Surendra Dixit Aged About 35 Years R/o Chakarbhata
Camp Post - Chakarbhata, Police Station - Chakarbhata, District - Bilaspur
(Chhattisgarh)
2 - Suraj Tiwari S/o Shri Ram Sewak Tiwari Aged About 41 Years R/o Village-
Mendra, Post- Saida, Tehsil - Takhatpur, District - Bilaspur (Chhattisgarh)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through-Secretary Department Of Social Welfare
Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur
(Chhattisgarh)
2 - Director Directorate Social Welfare, Mana Camp, Vip Road, Raipur, District -
Raipur (Chhatisgarh)
3 - Joint Director Office Of Joint Director, Social Welfare Department, Bilaspur,
District - Bilaspur (Chhattisgarh)
4 - Superintendent Government Vision And Hearing-Impaired School Tifra,
Bilaspur, Social Welfare Department District - Bilaspur (Chhattisgarh)
...Respondents
(Cause title is taken from the CIS)
------------------------------------------------------------------------------------------------------------------
For Petitioners : Shri Abhishek Singh, Advocate
For Respondents/State : Shri Akhilesh Kumar, GA
------------------------------------------------------------------------------------------------------------------
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
30.06.2025
1. By the present petition, petitioners are seeking a direction towards the
respondent authority to regularize the services of the petitioners on the post of
Chowkidar, pursuant to the Circular dated 05.03.2008 from the date when the
similarly situated persons have been regularized.
Wps 6015 of 2025
2. Case of the petitioners, in brief, is that petitioners are presently working on the
post of Chowkidar in department of respondent as Daily Wage employees, and have
completed more than 10 years of service. Petitioners are having all the requisite
qualifications for holding the post of Chowkidar. Petitioners had submitted their
detailed representation to the respondent authorities for considering their case for
regular appointment on the post of Chowkidar, as they had already completed more
than 10 years of service.
3. Learned counsel for the petitioners would submit 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. Petitioners are Daily Wage employees since long. He would further submit
that the State Government has regularized the services of similarly situated
employees on the basis of Circular dated 05.03.2008, therefore, the petitioners are
also entitled for regularization of his services on the post of Chowkidar. 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-4293 of
2012) decided on 10.02.2023.
4. On the other hand, learned counsel for the respondents/State would oppose
the contention of the counsel for the petitioners.
5. Heard learned counsel for the parties, and perused the material available on
record.
6. 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 of its judgment:
Wps 6015 of 2025
"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. After verification of the records of the
petitioners, if it is found that the case of the petitioners is similar to those daily wager
employees, whose services were regularized, and their service records permit them
to be regularized, present petitioners be also granted same benefit. 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/-
(Ravindra Kumar Agrawal)
JUDGE
padma
