1 2025:CGHC:15637 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2236 of 2025 1 - Suresh Kumar Singh S/o Shri Amrit Singh Aged About 43 Years Working As Data Entry Operator Cum Assistant Grade-Iii (Daily Wager), Department Of Public Works, In The OfÏce Of Sub Divisional OfÏcer, Sub Division No. 2, Ambikapur, District- Surguja (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, Raipur, District- Raipur (C.G.) 2 - Engineer-In-Chief Department Of Public Works, Nirman Bhawan, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur, District- Raipur (C.G.) 3 - Chief Engineer Department Of Public Works, Surguja Zone, Ambikapur, District- Surguja (C.G.) 4 - Superintendent Engineer Department Of Public Works (B/r), Circle Ambikapur, District- Surguja (C.G.) 5 - Executive Engineer Department Of Public Works (B/r), Division Ambikapur, District- Surguja (C.G.) 6 - Sub Divisional OfÏcer Department Of Public Works (B/r), Sub Division No. 2, Ambikapur, District- Surguja (C.G.) Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Pawan Shrivastava, Advocate For Respondent(s) : Mr. S.S. Choubey, PL RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.04.04 11:50:27 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 03/04/2025 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 Data Entry Operator cum Assistant Grade-III 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 Data Entry Operator cum Assistant Grade-III 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 Data Entry Operator cum Assistant Grade- 3 III. 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 Chhattisgarh1 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 Others2 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 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. If the case of the petitioner is also found to be similar to those daily wagers whose services were regularized, his services be also regularized from the same date. It 1 WPS No. 4293 of 2012 (decided on 10/02/2023 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018) 4 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 Rahul