1 / 4 2025:CGHC:17780 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2602 of 2025 1 - Bhojram Bharti S/o Shri Hajari Prasad Bharti Aged About 40 Years Working As Chowkidar At Govt. Pre-Metric Schedule Caste Boys Hostel Bazar Atariya, District Khairagarh-Chhuikhadan-Gandai Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Schedule Caste And Schedule Tribal Development Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - Commissioner Tribal Development Department, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - Collector Tribal Development Department, Khairagarh-Chhuikhadan- Gandai, District Khairagarh-Chhuikhadan-Gandai Chhattisgarh 4 - Assistant Commissioner, Tribal Development Department, Khairagarh-Chhuikhadan-Gandai, District Khairagarh-Chhuikhadan- Gandai Chhattisgarh 5 – Superintendent, Govt. Pre-Metric Schedule Caste Boys Hostel Bazar Atariya, District Khairagarh-Chhuikhadan-Gandai Chhattisgarh ... Respondents (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.22 10:48:36 +0530 2 / 4 For Petitioner : Mr. C. Jayant K. Rao, Advocate For Respondents/ State : Mr. Sabyasachi Choubey, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 21/04/2025 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 Chowkidar 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 Chowkidar in the respondent Department 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 principles of natural justice and the 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 Chowkidar. In support 3 / 4 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 other 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 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 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 $. Bhilwar