1 / 4 2025:CGHC:18044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2646 of 2025 1 - Nimai Sarkar S/o Late Shri Nirodh Sarkar Aged About 35 Years Working As Caretaker At Rest House Of Public Works Department (P.W.D.), Surajpur, District - Surajpur, R/o Surajpur, District - Surajpur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through - Secretary, Public Works Department (P.W.D.), Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - Engineer-In-Chief Department Of Public Works, Ambikapur, District - Surguja (C.G.) 3 - Chief Engineer Department Of Public Works, Ambikapur, District - Surguja (C.G.) 4 - Superintending Engineer Department Of Public Works, Ambikapur, District - Surguja (C.G.) 5 - Executive Engineer Department Of Public Works, Ambikapur, District - Surguja (C.G.) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.23 10:52:37 +0530 2 / 4 6 - Executive Engineer Department Of Public Works, Surajpur, District - Surajpur (C.G.) 7 - Sub Divisional Officer Public Works Department, Surajpur, District - Surajpur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Ms. Meena Shastri, Advocate For Respondents/ State : Ms. Akanksha Verma, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 22/04/2025 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 Caretaker 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 Caretaker in the respondent Department as daily wager and has completed more than a 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 a decade in his service. 3. Learned counsel for the petitioner submits that the action on the part of the respondent authorities is illegal, arbitrary, 3 / 4 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. She 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 Caretaker. In support of her 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." 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 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 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