[Cites 4, Cited by 0]
Chattisgarh High Court
Vijay Kumar Shrivas vs The Life Insurance Corporation Of India on 30 March, 2026
1
2026:CGHC:14709
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 5854 of 2025
1 - Vijay Kumar Shrivas S/o Shri Ganesh Prasad Shrivas Aged About 40 Years
Working As (Waterman) In Lic Bilaspur Branch -01 R/o Ward No 15 Shanker Atta
Chakki, Sirgitti Bannak Chowk District - Bilaspur (C.G.)
... Petitioner
Versus
1 - The Life Insurance Corporation Of India Through Its Chairman Central Office
Yogakshena Mumbai (Maharashtra)
2 - The Life Insurance Corporation Of India Through Its Senior Zonal Manager
Raipur (Chhattisgarh)
3 - The Life Insurance Corporation Of India Through Its Senior Divisional Manager
Magar Para Bilaspur (Chhattisgarh)
4 - The Life Insurance Corporation Of India Through Its Senior Divisional Manager
Bilaspur, Near Magar Para Bilaspur (Chhattisgarh)
... Respondents
For Petitioner : Mr. Ashutosh Shukla, Advocate
For Respondents-State : Mr. Vibhor Goverdhan, Advocate
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
30/03/2026
1. Petitioner has filed this writ petition, seeking following reliefs:-
"10.1 That, this Hon'ble Court may kindly be pleased
to issue a writ of mandamus directing the respondent
authorities concerned to regularize/absorb the
services of the petitioner in a regular post of LIC of
India.
10.2 That, this Hon'ble Court may kindly be pleased
to issue a direction directing the respondent to
consider the representation of the petitioner for
regularization dated 26.09.2024 and 30.09.2024
pending before LIC of India.
10.3 That, the Hon'ble Court may kindly be pleased
to grant any other relief as it may deem fit and
appropriate."
2. Learned counsel for petitioner submit that petitioner is employee of
respondents and were initially appointed in the year 2011 as Peon
(daily wage employee) at Life Insurance Corporation of India Office,
Korba, District - Korba, since then he is continuously performing their
duties on the said post. Petitioner has completed more than 15 years
of service however, he has not been regularized. Petitioner had
submitted representations dated 26.09.2024 and 30.09.2024 before
respondent authorities vide Annexure P-4 requesting for regularization
of his services, which till date are pending consideration. Therefore,
direction be issued to concerned respondent authorities to consider
and take decision on the claim of petitioner for regularization of his
service within specified time frame.
3. Learned counsel for the Respondents submits that as petitioner is not
pressing this writ petition on merits and is only seeking direction to
consider and take decision on pending representations, he is having no
objection.
4. I have heard learned counsel for the parties and perused the
documents available on record.
5. Claim as raised by the petitioner in this writ petition is that he is
continuously working as daily wage employee for more than about 15
years.
6. Hon'ble Supreme Court in case of Narendra Kumar Tiwari & Others
Versus State of Jharkhand & Others reported in SCC (L&S) 2018 (2)
472 considered the issue of claim of regularization of temporary/daily
wages employees, who had completed 10 years of service. Further,
Hon'ble Supreme Court in case of Jaggo Versus Union of India
reported in (2024) SCC Online SC 3826 has further observed that the
government departments to lead by example in providing fair and
stable employment. Engaging workers on a temporary basis for
extended periods, especially when their roles are integral to the
organization's functioning, not only contravenes international labour
standards but also exposes the organization to legal challenges and
undermines employee morale.
7. Hon'ble Supreme Court in case of Bhola Nath Vs. The State of
Jharkhand & Ors. [SLP (Civil) No.30762 of 2024] and connected
Special Leave Petitions (Civil) vide its order dated 30th January 2026
has observed that respondent -State was not justified in continuing the
appellant's services on sanctioned posts for over a decade under
nomenclature of contractual engagement and thereafter denying them
consideration for regularization and have further directed for
regularizing the appellants therein, in service.
8. Recently, Hon'ble Supreme Court in case of Dharam Singh & Ors. Vs.
State of UP & Anr. (2025 SCC OnLine SC 1735) has strongly
deprecated the culture of "ad-hocism" adopted by States in their
capacity as employers. Hon'ble Supreme Court also criticized the
practice of outsourcing or informalizing recruitment as a means to
evade regular employment obligations, observing that such measures
perpetuate precarious working conditions while circumventing fair and
lawful engagement practices and observed thus:
"17. Before concluding, we think it necessary to recall that
the State (here referring to both the Union and the State
governments) is not a mere market participant but a
constitutional employer. It cannot balance budgets on the
backs of those who perform the most basic and recurring
public functions. Where work recurs day after day and year
after year, the establishment must reflect that reality in its
sanctioned strength and engagement practices. The long-
term extraction of regular labour under temporary labels
corrodes confidence in public administration and offends the
promise of equal protection. Financial stringency certainly
has a place in public policy, but it is not a talisman that
overrides fairness, reason and the duty to organise work on
lawful lines.
18. Moreover, it must necessarily be noted that "ad-hocism"
thrives where administration is opaque. The State
Departments must keep and produce accurate establishment
registers, muster rolls and outsourcing arrangements, and
they must explain, with evidence, why they prefer precarious
engagement over sanctioned posts where the work is
perennial. If "constraint" is invoked, the record should show
what alternatives were considered, why similarly placed
workers were treated differently, and how the chosen course
aligns with Articles 14, 16 and 21 of the Constitution of India.
Sensitivity to the human consequences of prolonged
insecurity is not sentimentality. It is a constitutional discipline
that should inform every decision affecting those who keep
public offices running.
x x x
20. We have framed these directions comprehensively
because, case after case, orders of this Court in such
matters have been met with fresh technicalities, rolling
"reconsiderations," and administrative drift which further
prolongs the insecurity for those who have already laboured
for years on daily wages. Therefore, we have learned that
Justice in such cases cannot rest on simpliciter directions,
but it demands imposition of clear duties, fixed timelines, and
verifiable compliance. As a constitutional employer, the State
is held to a higher standard and therefore it must organise its
perennial workers on a sanctioned footing, create a budget
for lawful engagement, and implement judicial directions in
letter and spirit. Delay to follow these obligations is not mere
negligence but rather it is a conscious method of denial that
erodes livelihoods and dignity for these workers. The
operative scheme we have set here comprising of creation of
supernumerary posts, full regularization, subsequent
financial benefits, and a sworn affidavit of compliance, is
therefore a pathway designed to convert rights into outcomes
and to reaffirm that fairness in engagement and transparency
in administration are not matters of grace, but obligations
under Articles 14, 16 and 21 of the Constitution of India."
9. Taking into consideration that the petitioner is engaged as daily wage
employee for more than 10 years, the circular issued by the State
Government dated 05.03.2008 for regularization of daily
wage/temporary employee and the relief as claimed by petitioner for
regularization of his services as also considering the decision of
Hon'ble Supreme Court in the above mentioned cases, this writ petition
at this stage is disposed directing the Respondents No. 3 & 4 to
consider and take decision on the representation keeping in mind the
period of service which the petitioners have completed of about 10
years as also the decision of Hon'ble Supreme Court on the issue of
regularization of daily wage/temporary employee, expeditiously, in
accordance with law expeditiously, preferably within a further period of
04 months from the date of receipt of representation.
10. Accordingly, this petition is disposed of with aforesaid observation and
direction.
Certified copy as per rules.
Sd/-Sd/-
(Parth Prateem Sahu)
Digitally
Judge
SHUBHAM signed by
DEY SHUBHAM
DEY
Dey
