1 2025:CGHC:18521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2783 of 2025 1 - Laxminath Nag S/o Shri Chamrusingh Nag Aged About 55 Years Posted As Dispensary Servant, Government Ayurved Dispensary Lokhandi, District Jashpur, Chhattisgarh. R/o Village And Post Pathiyapali, Tehsil Basna, District Mahasamund, Chhattisgarh. 2 - Prem Shankar Sidar S/o Shri Budeshwar Prasad Sidar Aged About 48 Years Posted As Dispensary Servant, Government Ayurved Dispensary Sankara, District Sarangarh-Bilaigarh, Chhattisgarh. R/o Village And Post Salheona, Tehsil Baramkela, Police Station Saria, District Sarangarh-Bilaigarh, Chhattisgarh. 3 - Ku. Neera Bai Mahant D/o Shri Jagat Das Mahant Aged About 49 Years Posted As Dispensary Servant, Government Ayurved Dispensary Gorpar, District Raigarh, Chhattisgarh. R/o Village Nawagaon, Post Katahardi, Police Station Kotararoad, Tehsil Kharsiya, District Raigarh, Chhattisgarh. 4 - Rajeshwar Singh S/o Shri Bavan Singh Aged About 48 Years Posted As Dispensary Servant, Government Ayurved Dispensary Kuwarpur, District Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. R/o Ward No. 4 Parsapani, Chirmi, Post Chirmi, Police Station Baikunthpur, Tehsil Podi (Bachra), District Koriya, Chhattisgarh. 5 - Shriram Rajwade S/o Shri Soharram Rajwade Aged About 48 Years Posted As Dispensary Servant, Government Ayurved Dispensary Gangoti, District Surajpur, Chhattisgarh, R/o Village Nawabandh, Post Karji (Darima Road), Police Station Darima, Tehsil And District Ambikapur, Chhattisgarh. 6 - Ramgopal Jogi S/o Sri Mandalram Jogi Aged About 48 Years Posted As Dispensary Servant, Government Ayurved Dispensary, Dhorpur, 2 District Ambikpur, Chhattisgarh. R/o Village And Post Kelhari, Tehsil And Police Station Kelhari, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh 7 - Ganeshram Sahu S/o Late Shri Bhagatram Sahu Aged About 60 Years Posted As Dispensary Servant, Government Ayurved Dispensary Siriadih, District Balodabazar-Bhatapara, Chhattisgarh. R/o Village Singhari, Post Lawan, District : Balodabazar-Bhathapara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director Ayurved, Yog Evam Prakritik Chikitsa Sidha, Yunani Evam Homeopathi (Aayush), Raipur, District Raipur, Chhattisgarh. 3 - Collector Jashpur District Jashpur, Chhattisgarh. 4 - Collector Sarangarh-Bilaigarh District Sarangarh-Bilaigarh, Chhattisgarh. 5 - Collector Raigarh District Raigarh, Chhattisgarh. 6 - Collector Manendragarh-Chirimiri-Bharatpur District Manendragarh- Chirimiri-Bharatpur, Chhattisgarh. 7 - Collector Surajpur District Surajpur, Chhattisgarh. 8 - Collector Ambikapur District Ambikapur, Chhattisgarh. 9 - Collector Balodabazar-Bhatapara District Balodabazar-Bhatapara, Chhattisgarh. 10 - Chief Executive Officer Zila Panchayat Jashpur, District : Jashpur, Chhattisgarh 11 - Chief Executive Officer, Zila Panchayat Sarangarh-Bilaigarh District Sarangarh-Bilaigarh, Chhattisgarh. 12 - Chief Executive Officer, Zila Panchayat Raigarh District Raigarh, Chhattisgarh. 3 13 - Chief Executive Officer, Zila Panchayat Manendragarh-Chirmiri- Bharatpur District Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. 14 - Chief Executive Officer, Zila Panchayat Surajpur District Surajpur, Chhattisgarh. 15 - Chief Executive Officer, Zila Panchayat Ambikapur District Ambikapur, Chhattisgarh. 16 - Chief Executive Officer, Zila Panchayat Balodabazar-Bhatapara District Balodabazar-Bhatapara, Chhattisgarh. 17 - Zila Ayurved Officer Jashpur District Jashpur, Chhattisgarh. 18 - Zila Ayurved Officer Sarangarh-Bilaigarh District Sarangarh- Bilaigarh, Chhattisgarh. 19 - Zila Ayurved Officer Raigarh District Raigarh, Chhattisgarh. 20 - Zila Ayurved Officer Manendragarh-Chirmiri-Bharatpur District Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. 21 - Zila Ayurved Officer Surajpur District Surajpur, Chhattisgarh. 22 - Zila Ayurved Officer Ambikapur District Ambikapur, Chhattisgarh. 23 - Zila Ayurved Officer Balodabazar-Bhatapara District Balodabazar- Bhatapara, Chhattisgarh. Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Sameer Beher, Advocate For Respondent(s) : Mr. Soumitra Kesharwani, PL Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 24/04/2025 1. By the present petition, the petitioners are seeking a direction towards the respondent authority to regularize the services of the petitioner on the post of Dispensary Servant/4th Class Employee 4 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 petitioners are presently working on the post of Dispensary Servant in department of respondent as daily wager and has completed more than two decades. 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 he had already completed more than two decades. 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 petitioners are 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 his services on the post of Dispensary Servant. 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. 1 WPS No. 4293 of 2012 (decided on 10/02/2023 5 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 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 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)