1 2025:CGHC:18778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2817 of 2025 1 - Gaukaran Pal S/o Late Aniruddha Pal Aged About 50 Years Working As Chowkidar At Pre-Metric Backward Class Boys Hostel Kawardha, District Kabirdham, Chhattisgarh. 2 - Sarita Bai Pal W/o Shri Gaukaran Pal Aged About 45 Years Working As Cook At Schedule Caste Girls Hostel Kawardha, District Kabirdham, Chhattisgarh. 3 - Chandru Ram Kurrey S/o Shri Ramchandra Kurrey Aged About 42 Years Working As Cook At Post-Metric Backward Class Boys Hostel Kawardha, District Kabirdham, Chhattisgarh. 4 - Kiran Kurrey W/o Chandru Ram Kurrey Aged About 36 Years Working As Cook At Post-Metric Schedule Caste Girls Hostel Kawardha, District Kabirdham, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Schedule Caste And Schedule Tribal, Development Department, Mantralaya, Mahanadi Bhawan, Nava Raipu, Atal Nagar, District Raipur, Chhattisgarh. 2 - Commissioner Tribal Development Department, Indrawati Bhawan, AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.28 18:22:43 +0530 2 Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - Collector Tribal Development Department, Kabirdham, District Kabirdham, Chhattisgarh. 4 - Assistant Commissioner Tribal Development Department, Kabirdham, District Kabirdham, Chhattisgarh. 5 - Superintendent, Govt. Pre-Metric Backward Class Boys Hostel Kawardha, District Kabirdham, Chhattisgarh. Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. C. Jayant K. Rao, Advocate For Respondent(s) : Mr. Ajit Singh, G.A. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 25/04/2025 1. By the present petition, the petitioners are seeking a direction towards the respondent authority to regularize the services of the petitioners on the post of Cook and Chowkidar, pursuant to the circular dated 05.03.2008 from the date when the similarly situated persons have been regularized. 2. Case of the petitioners, in brief, is that the petitioners are presently working on the post of Cook and Chowkidar in department of respondent as daily wager and have completed more than ten years. The petitioners are having all the requisite qualifications for holding the said post. The petitioners submitted their detailed representation to the respondent authorities for considering their case for regular appointment as they had already completed more than ten years. 3 3. Learned counsel for the petitioners 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 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 petitioners are also entitled for regularization of their services on their 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 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 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 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 petitioners are also found to be similar to those daily wagers whose services were regularized, their 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