Chattisgarh High Court
Chetan Lal Kanuje vs State Of Chhattisgarh on 7 May, 2025
1
2025:CGHC:20873
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3226 of 2025
1 - Chetan Lal Kanuje S/o Govind Lal Kanuje Aged About 41 Years R/o
Gram Limhatola, Awari Gudum, Balod Dondi Tahsil And District- Balod
Digitally
signed by
SHOAIB
SHOAIB ANWAR
ANWAR Date:
(C.G.)
2025.05.08
16:56:06
+0530
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Forest
Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur District- Raipur
(C.G.)
2 - The Chief Conservator Of Forest Aranya Bhawan Medical College
Road, Raipur, District- Raipur (C.G.)
3 - The Chief Conservator Of Forest (Regional) Durg Circle, District- Durg
(C.G.)
4 - The Divisional Forest Officer Balod Forest Division, Balod (C.G.)
2
5 - Collector And District Magistrate Durg, District Collector Office Durg
(C.G.)
6 - The Forest Range Officer Forest Range Doundi, Forest Division Durg,
Distt.- Durg, (C.G.)
... Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) : Shri Sandeep Jha, Advocate.
For Respondent(s) : Shri Rishabh Bisen, Panel Lawyer.
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
07.05.2025
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 Driver 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 Driver 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 Driver. 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 Chhattisgarh 1
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
2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)
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 other similarly situated employees when their
services were regularized. If the case of the petitioner is also found
to be similar to those employees 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
