1 2025:CGHC:16119 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2302 of 2025 1 - Abhishek Soni S/o Shri Naval Soni Aged About 33 Years Working As Data Entry Operator (Daily Wager), In The Office Of Executive Engineer, Department Of Public Works (B/r), Division 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.) Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Pawan Shrivastava, Advocate For Respondent(s) : Mr. Rishabh Bisen, Panel Lawyer Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 07/04/2025 1. By the present petition, the petitioner seeks regularization of his service on the post of Data Entry Operator or similar situated post i.e. Assistant Grade-III from the date when the similar situated employees have been AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.09 16:24:19 +0530 2 regularized, in the light of the circular dated 05/03/2008 issued by the government. 2. Case of the petitioner, in brief, is that the petitioner is presently working on the post of Data Entry Operator 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. The petitioner submitted his detailed representations to the respondent authorities for considering his case for regular appointment as he already completed more than one and a half decade 3. Learned counsel for the petitioner submit 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 daily wagers since long. He would further submits 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 in his respective posts. 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 1 WPS No. 4293 of 2012 (decided on 10/02/2023) 3 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 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 Amardeep 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)