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Chattisgarh High Court
Raj Kishor Jaiswal vs State Of Chhattisgarh on 26 February, 2026
1
Digitally
RAGHVENDRA signed by
JAT RAGHVENDRA
2026:CGHC:10128
JAT
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1866 of 2023
1 - Raj Kishor Jaiswal S/o Shri Jugal Kishor Jaiswal Aged About 38
Years Presently Working As Data Entry Operator At Janpad Panchayat
Wadrafnagar District - Balrampur-Ramanujganj (C.G.).
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Panchayat And Gramin
Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal
Nagar Naya Raipur, District - Raipur (C.G.).
2 - Collector - Balrampur District Balrampur - Ramanujganj (C.G.).
3 - Chief Executive Officer Zila Panchayat Balrampur, District -
Balrampur-Ramanujganj (C.G.).
4 - Chief Executive Officer Janpad Panchayat Wadrafnagar District -
Balrampur - Ramanujganj (C.G.).
... Respondent(s)
For Petitioner(s) : Ms. Kusum Lalchandani, Advocate on
behalf of Mr. A.K. Yadav, Advocate.
For Respondent(s)/State : Mr. Arpit Agrawal, Panel Lawyer.
For Respondent No. 4 : Ms. Priyanka Rai, Advocate on behalf
of Ms. Supriya Upasane, Advocate.
Hon'ble Mr. Justice Amitendra Kishore Prasad
Order on Board
26/02/2026
1. By way of this writ petition, the petitioner has prayed for following
reliefs:-
"10.1 That this Hon'ble Court may kindly be pleased to
call for the entire record pertaining to the present case.
10.2 That this Hon'ble Court may please to quash the
impugned order dated 05-09-2022 (ΑΝΝEXURE P-1)
Passed by the Chief Executive Officer, Zilla Panchayat
Balrampur-Ramanujganj, District-Balrampur-
Ramanujganj (C.G.).
10.3 That this Hon'ble court may kindly be pleased to
direct the respondent authority to consider the
recommendation of the Respondent No.4 for
regularization the service of the petition on the post of
data entry operator within prescribed period.
10.4 That this Hon'ble court may kindly be pleased to
direct the respondent authority for considering the case
of the petitioner for regularization of the service on the
post of Data Entry Operator.
10.5 That this Hon'ble court may further be pleased to
pass any other order in favor of petitioner as it may deem
fit and proper under the facts and circumstances of the
case with cost"
2. Brief facts of the case, is that, the petitioner was appointed to the
post of Data Entry Operator at Janpad Panchayat Wadrafnagar
against a vacant post on a temporary basis with effect from
16.01.2013, as is evident from the memorandum dated
07.01.2019, and since then his services have been extended from
year to year without interruption; that the Petitioner has been
continuously discharging his duties on the said post since 2013
against a sanctioned vacant post and has rendered sincere
service with an unblemished record. Being aggrieved by the
illegal, arbitrary and discriminatory action of the respondent
authorities in not considering his case for regularization, the
Petitioner earlier approached this Hon'ble Court by filing W.P. (S)
No. 4579/2022, which was disposed of on 05.07.2022 granting
liberty to submit a representation to the competent authority for
regularization. In compliance with the said order, the Petitioner
submitted a detailed representation along with a certified copy of
the order and relevant documents on 29.07.2022; however,
despite repeated oral and written representations, the same has
not been duly considered by the respondents, and the impugned
order dated 05.09.2022 is illegal, arbitrary and contrary to the
applicable law and rules. Hence, the present writ petition has
been filed seeking appropriate directions for regularization of the
Petitioner's services.
3. Learned counsel appearing on behalf of the petitioner submits that
the petitioner has been continuously discharging his duties as a
Data Entry Operator since the year 2013, however, despite
rendering uninterrupted service for a considerable period, he
continues to be treated merely as a daily wage employee. It is
further submitted that a perusal of the material placed on record
reveals that the State Government, vide order dated 04.11.2016,
issued specific directions to the effect that, subject to availability of
vacancies, the services of Data Entry Operators may be
considered and engaged on a preferential basis. Learned counsel
contends that notwithstanding the said policy decision and the fact
that the petitioner has been performing the functions and
responsibilities attached to the post of Data Entry Operator, the
respondents have failed to accord him the status and benefits
commensurate with the said post and have continued to treat him
as a daily wager. In such circumstances, it is earnestly prayed that
this Hon'ble Court may be pleased to issue appropriate directions
to the concerned respondent authorities to regularize the services
of the petitioner on the post of Data Entry Operator in accordance
with law.
4. On the other hand, learned counsel appearing for respondent No.
4 submits that the petitioner was initially appointed to the post of
Data Entry Operator for a specific programme, however, upon
completion of the said programme and in the absence of any
vacant sanctioned post, his services were duly terminated in
accordance with law. It is further submitted that, subsequent
thereto, the petitioner was engaged in a different department
under the Social Welfare Department in the capacity of a daily
wage worker, which engagement was entirely distinct and
independent from his earlier appointment as Data Entry Operator.
Learned counsel contends that since the petitioner's initial
appointment was purely programme-based and came to an end
upon completion of the project, and as no sanctioned vacancy
exists against which regularization could be considered, the relief
sought for regularization on the post of Data Entry Operator is
wholly misconceived and untenable in law.
5. Learned counsel appearing on behalf of the State submits that, in
terms of the order dated 04.11.2016, it has been specifically
directed that in the event vacancies are not available, the State
Government shall forward the names of all concerned persons to
the competent department, so as to enable the department to
examine each case individually and take an appropriate decision
in accordance with law.
6. I have heard learned counsel for the parties and perused the
material available on record.
7. Considering the totality of the facts and circumstances of the
case, and further taking into account that the petitioner is
presently working as a Daily Wager Employee, this Court deems it
appropriate to direct the concerned respondent authorities to
examine and consider the petitioner's case in the light of the
memo dated 04.11.2016, and thereafter to pass a reasoned and
appropriate order strictly in accordance with law within a
reasonable period of time.
8. The petitioner is granted liberty to approach the concerned
respondent authority by submitting a certified copy of this order
and to file a comprehensive representation raising all relevant
grounds and grievances before the said authority, who shall
thereafter consider and decide the same in accordance with law
within a reasonable period of time.
9. With this observation and direction, the writ petition is disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Raghu Jat
