1 / 4 2025:CGHC:18286 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2724 of 2025 1 - Radha Bai Sahu W/o Late Dujram Sahu Aged About 56 Years R/o Mudpar, Kanasda, Dist. Janjgir-Champa, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department, Mahanadi Bhavan, Mantralaya, Nawa Raipur, Chhattisgarh 2 - Secretary Public Works Department, Mahanadi Bhavan, Mantralaya, Nawa Raipur, Chhattisgarh 3 - Dy. Secretary General Administration Department, Government Of Chhattisgarh, Mantralaya, Raipur 4 - Chief Engineer Public Works Department, Nirman Bhawan, North Block, Sector-19, Capital Complex, Nawa Raipur, Atal Nagar, Dist. - Raipur (C.G.) 492002 5 - Chief Engineer Public Works Department, Bilaspur (C.G.) 495001 6 - Executive Engineer Public Works Department, Champa Division, District Janjgir-Champa (C.G.) 495671 ... Respondents (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.24 09:58:34 +0530 2 / 4 For Petitioner : Mr. Ganesh Ram Burman, Advocate For Respondents/ State : Mr. Soumitra Kesharwani, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 23/04/2025 1. By the present petition, the petitioner is seeking a direction towards the respondent authority to regularize the services of the petitioner as she is working as unskilled labour 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 as unskilled labour in the respondent Department and has completed more than two decades. The petitioner is having all the requisite qualifications for holding her post in which she is working. The petitioner had submitted her detailed representation to the respondent authorities for considering her case for regular appointment as she had already completed more than two decades. 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 principles of natural justice and the Articles 14, 15 & 21 of the Constitution of India. He would further submit that the State government has regularized the services of similarly situated unskilled labours on the basis of circular dated 05/03/2008, therefore, the present petitioner is also entitled for regularization of her services on her respective post. In support of his contention, learned counsel has 3 / 4 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 other similarly situated employees when their services were regularized. If the case of the petitioner is also found to be similar to those unskilled labours whose services were regularized, her services be also regularized from the same date. 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 / 4 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 $. Bhilwar