[Cites 4, Cited by 0]
Chattisgarh High Court
Satish Kumar Chandrakar vs State Of Chhattisgarh on 20 March, 2026
1
2026:CGHC:13534
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2223 of 2025
1 - Satish Kumar Chandrakar S/o Late Sanat Kumar Chandrakar Aged About 49
Years Occupation- Service, Presently Posted And Working As Technical Assistant At
Government Engineering College, Raipur (C.G.), R/o Shanti Vihar Colony,
Danganiya, Raipur (C.G.)
2 - Madhusudan Singh Thakur S/o Late Balram Singh Thakur Aged About 46 Years
Occupation Service, Presently Posted And Working As Technical Assistant At
Government Engineering College, Raipur (C.G.), R/o Purani Basti, Raipur (C.G.)
3 - Smt. Bharti Tamrakar, W/o Sanjay Tamrakar Aged About 47 Years Occupation
Service, Presently Posted And Working As Technical Assistant At Government
Engineering College, Raipur (C.G.), R/o Lohar Chowk, Purani Basti, Raipur (C.G.)
... Petitioners
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education
And Manpower Planning Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur,
District- Raipur (C.G.).
2 - Director, Directorate Of Technical Education, Government Girls Polytechnic
Campus, Byron Bazar, District- Raipur (C.G.).
3 - Pnadit Ravi Shankar Shukla University, Through Its Registrar, Pandit Ravi
Shankar Shukla University, Raipur, District- Raipur (C.G.).
4 - Principal Government Engineering College, Old Dhamtari Road, Sejbahar,
Raipur, District- Raipur (C.G.).
... Respondents
For Petitioners : Ms. Richa Patel, Advocate on behalf of Mr. Malay
Shrivastava, Advocate
For Respondents-State : Mr. Vivek Verma, Government Advocate
For Respondent No 3 : Mr. Jyotiradiya Tiwari, Advocate on behalf of Mr.
Vikram Sharma, Advocate
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
20.03.2026
1. Petitioners have filed this writ petition, seeking following reliefs:-
"10.1 That, this Hon'ble Court may kindly be pleased
to direct the respondents to produce the entire
records with respect to the petitioners.
10.2 That, this Hon'ble Court may kindly be pleased
to direct the respondents to absorb/regularize the
services of the petitioners from the date of transfer of
their services in Government Engineering College,
Raipur i.e. from 11.08.2006 against the vacant,
sanctioned post of Technical Assistant.
10.3 Any other relief(s)/order(s)/direction(s) in favour
of petitioner, which this Hon'ble Court may deem fit
and proper in the facts and circumstances of the
case, in the interest of justice.
10.4 Cost of the petition may kindly be awarded to the
petitioners."
2. Learned counsel for petitioners submit that petitioners are employee of
respondents and were initially appointed as Technical Assistant (daily
wage employee) at Government Engineering College, Raipur, District -
Raipur, since then they are continuously performing their duties on the
said post. Petitioners have completed more than 10 years of service
however, they have not been regularized. Petitioners had submitted
representations before respondent authorities vide Annexure P-21
requesting for regularization of their services, which till date are
pending consideration. Therefore, direction be issued to concerned
respondent authorities to consider and take decision on the claim of
petitioners for regularization of their services within specified time
frame.
3. Learned counsel for respective respondents submits that as petitioners
are not pressing this writ petition on merits and are only seeking
direction to consider and take decision on pending representations,
they are 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 petitioners in this writ petition is that they are
continuously working as daily wage employee for more than about 10
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 petitioners are 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 petitioners for
regularization of their services as also considering the decision of
Hon'ble Supreme Court in the above mentioned cases, this writ petition
at this stage is disposed permitting the petitioners to submit fresh
comprehensive representation before the Respondents No. 1 to 3 and
if, such a representation is submitted, the concerned authority shall
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)
Judge
Digitally
SHUBHAM signed by
DEY SHUBHAM
DEY
Dey
