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2025 DAILYLAW 20422 (CHH)

RAMAKANT SONI v. STATE OF CHHATTISGARH

WPS/3248/2025 · 2025-05-06

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:20903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3248 of 2025 1 - Ramakant Soni S/o Lt. Shatrughan Lal Soni Aged About 38 Years Presently Working As Data Entry Operator In The Office Of Superintending Engineer, Public Works Department, Durg Circle, Durg, P.S. City Kotwali, Civil And Revenue District Durg, Chhattisgarh. District Durg, Chhattisgarh. 2 - Vidyashankar Sahu S/o Shri Horilal Aged About 38 Years Presently Working As Data Entry Operator In The Office Of Superintending Engineer, Public Works Department, Durg Circle, Durg, P.S. City Kotwali, Civil And Revenue District Durg, Chhattisgarh. District Durg, Chhattisgarh. 3 - Horilal Yadav S/o Lt. Phool Singh Yadav Aged About 52 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer, Public Works Department, Durg Circle, Durg, P.S. City Kotwali, Civil And Revenue District Durg, Chhattisgarh. District Durg, Chhattisgarh. 4 - Santosh Kumar Yadav S/o Lt. Shri Matwari Ram Yadav Aged About 41 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer, Public Works Department, Durg Circle, Durg, P.S. City Kotwali, Civil And Revenue District Durg, Chhattisgarh. District Durg, Chhattisgarh. 5 - Duleshwar Prashad S/o Kanhaiya Lal Sahu Aged About 31 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer, Public Works Department, Durg Circle, Durg, P.S. City Kotwali, Civil And Revenue District Durg, Chhattisgarh. District Durg, Chhattisgarh. 6 - Naresh Kumar Rajput S/o Shri Koushal Singh Rajput Aged About 36 Years Presently Working As Data Entry Operator In The Office Of Superintending Engineer, Public Works Department, Sub Division 2, Durg, P.S. City Kotwali, Civil And Revenue District Durg, Chhattisgarh. District Durg, Chhattisgarh. 7 - Tilak Narayan Dewangan S/o Late Shri Tejram Dewangan Aged About 53 Years Presently Working As Data Entry Operator In The Office Of Executive AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.05.09 10:35:41 +0530 2 Engineer, Public Works Department, Rajnandgaon Division, P.S. Rajnandgaon, Civil And Revenue District Rajnandgaon, Chhattisgarh. District Rajnandgaon, Chhattisgarh. 8 - Nepal Dhankar S/o Shri Bir Singh Dhankar Aged About 38 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer, Public Works Department, Rajnandgaon Division, P.S. Rajnandgaon, Civil And Revenue District Rajnandgaon, Chhattisgarh. District Rajnandgaon, Chhattisgarh. 9 - Ishwar Markam S/o Shri Ganesh Ram Markam Aged About 35 Years Presently Working As Data Entry Operator In The Office Public Works Department, Sub Division No. 1, Rajnandgaon, P.S. Rajnandgaon, Civil And Revenue District Rajnandgaon, Chhattisgarh. District Rajnandgaon, Chhattisgarh. 10 - Harshil Vegad S/o Shri Mohan Vegad Aged About 36 Years Presently Working As Data Entry Operator In The Office Public Works Department, Sub Division No. 2, Rajnandgaon, P.S. Rajnandgaon, Civil And Revenue District Rajnandgaon, Chhattisgarh. District Rajnandgaon, Chhattisgarh. 11 - Rajesh Shiv S/o Imarat Lal Shiv Aged About 42 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer Public Works Department, Bemetara Division, P.S. Bemetara, Revenue District Bemetara,civil District Durg, Chhattisgarh. District Durg, Chhattisgarh. 12 - Kuleshwar Shrivas S/o Shri Shyam Lal Shrivas Aged About 41 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer Public Works Department, Bemetara Division, P.S. Bemetara, Revenue District Bemetara, Civil District Durg, Chhattisgarh. District Durg, Chhattisgarh. 13 - Surendra Singh Asni S/o Shri Balram Singh Asni Aged About 43 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer Public Works Department, Bemetara Division, P.S. Bemetara, Revenue District Bemetara,civil District Durg, Chhattisgarh. District Durg, Chhattisgarh. 14 - Sumit Sharma S/o Shri Bhagwat Prasad Aged About 32 Years Presently Working As Data Entry Operator In The Office Of Sub Division, Saja, P.S. Bemetara, Revenue District Bemetara,civil District Durg, Chhattisgarh. District Durg, Chhattisgarh. 15 - Madan Jaiswal S/o Shri Natthuram Jaiswal Aged About 47 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer Public Works Department, Kawardha, Division, P.S. Kawardha, Civil 3 And Revenue District Kawardha, Chhattisgarh. District Kawardha(Kabirdham) Chhattisgarh. 16 - Manoj Mishra S/o Shri Late Vishnu Prasad Mishra Aged About 40 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer Public Works Department, Kawardha, Division, P.S. Kawardha, Civil And Revenue District Kawardha, Chhattisgarh. District Kawardha(Kabirdham) Chhattisgarh. 17 - Praveen Kumar Shrivastava S/o Shri Rameshwar Lal Shrivastava Aged About 45 Years Presently Working As Data Entry Operator In The Office Of Sub Divisional Officer, Public Works Department, Sub Division Kawardha, P.S. Kawardha, Civil And Revenue District Kawardha, Chhattisgarh. District Kawardha(Kabirdham) Chhattisgarh. 18 - Domendra Kumar Sahu S/o Shri Ramsingh Sahu Aged About 33 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer Public Works Department, Balod Division, P.S. Balod, Revenue District Balod, Chhattisgarh. Civil District Durg, District Durg, Chhattisgarh. 19 - Ashwani Kumar Sahu S/o Shri Chhallu Ram Sahu Aged About 34 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer Public Works Department, Balod Division, P.S. Balod, Revenue District Balod, Chhattisgarh. Civil District Durg, District Durg, Chhattisgarh. 20 - Yogeshwar Prashad S/o Shri Khomlal Aged About 32 Years Presently Working As Data Entry Operator In The Office Of Sub Divisional Officer, Public Works Department, Sub Division No. 1, Balod, P.S. Balod, Revenue District Balod, Chhattisgarh. Civil District Durg, District Durg, Chhattisgarh. 21 - Deepak Shrivastava S/o Shri Ishawar Lal Shrivastava Aged About 35 Years Presently Working As Data Entry Operator In The Office Of Sub Divisional Officer, Public Works Department, Sub Division Gunderdehi, P.S. Gunderdehi, Revenue District Balod, Chhattisgarh. Civil District Durg, District Durg, Chhattisgarh. 22 - Devendra Kumar Yadu S/o Shri Tiwari Lal Yadu Aged About 43 Years Presently Working As Data Entry Operator In The Office Public Works Department, Sub Division Ambagarh Chowki, Rajnandgaon, P.S. Rajnandgaon, Civil And Revenue District Rajnandgaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 23 - Aslam Beg S/o Isub Beg Aged About 32 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer, Public Works Department, Bemetara Division, P.S. Bemetara, Revenue District Bemetara, Civil District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 4 24 - Dev Das Anant S/o Ganesh Das Anant Aged About 34 Years Presently Working As Data Entry Operator In The Office Of Executive Engineer, Public Works Department, Bemetara Division, P.S. Bemetara, Revenue District Bemetara, Civil District Bemetara, Chhattisgarh. 25 - Nand Kumar Raput S/o Lt. 25 - Nand Kumar Raput S/o Lt. Indal Singh Rajput Aged About 41 Years Presently Working As Driver In The Office Of Executive Engineer, Public Works Department, Bemetara Division, P.S. Bemetara, Revenue District Bemetara, Civil District Durg, Chhattisgarh., District : Durg, Chhattisgarh 26 - Dharmendra Sahu S/o Shri Ramhu Sahu Aged About 36 Years Presently Working As Driver In The Office Of Sub Divisional Officer, Public Works Department, Navagarh Division, P.S. Bemetara, Revenue District Bemetara, Civil District Durg, Chhattisgarh., District : Durg, Chhattisgarh 27 - Prashant Kumar Soni S/o Shri Suresh Kumar Soni Aged About 36 Years Presently Working As Lipik In The Office Of Sub Divisional Officer, Public Works Department, Navagarh Division, P.S. Bemetara, Revenue District Bemetara, Civil District Durg, Chhattisgarh., District : Durg, Chhattisgarh 28 - Amit Jaishwal S/o Shri Ramesh Jaishwal Aged About 33 Years Presently Working As Data Entry Operator In The Office Of Sub Divisional Officer, Public Works Department, Sub Division Kawardha, P.S. Kawardha, Civil And Revenue District Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh 29 - Sudan Sahu S/o Shri Ramratan Sahu Aged About 40 Years Presently Working As Vdqky Jfed In The Office Of Sub Divisional Officer, Public Works Department, Bemetara, P.S. Bemetara, Revenue District Bemetara, Civil District Durg, Chhattisgarh., District : Durg, Chhattisgarh 30 - Hirendra Sahu S/o Shri Shiv Kumar Sahu Aged About 37 Years Presently Working As Vdqky Jfed In The Office Of Sub Divisional Officer, Public Works Department, Bemetara, P.S. Bemetara, Revenue District Bemetara, Civil District Durg, Chhattisgarh., District : Durg, Chhattisgarh 31 - Sanjeev Kumar Prajapati S/o Shri Ram Virendra Prajapati Aged About 39 Years Presently Working As Vdqky Jfed In The Office Of Sub Divisional Officer, Public Works Department, Bemetara, P.S. Bemetara, Revenue District Bemetara, Civil District Durg, Chhattisgarh., District : Durg, Chhattisgarh 32 - Anil Kumar Dhruv S/o Shri Bishambhar Lal Dhruv Aged About 37 Years Presently Working As Data Entry Operator In The Office Of Bridge Sub Division, Public Works Department, Durg, P.S. Durg, Civil And Revenue 5 District Durg, Chhattisgarh. 33 - Bhuwan Lal Sahu S/o Lt. 33 - Bhuwan Lal Sahu S/o Lt. Shri Milan Ram Sahu Aged About 42 Years Presently Working As Data Entry Operator, In The Office Of Executive Engineer, Public Works Department, Durg Bidge Division, Durg, P.S. Mohan Nagar, Civil And Revenue District Durg, Chhattisgarh., District : Durg, Chhattisgarh 34 - Prashant Kumar Shrivastava S/o Shri Mahendra Kumar Shrivastava Aged About 43 Years Presently Working As Peon, In The Office Of Executive Engineer, Public Works Department, Durg Bidge Division, Durg, P.S. Mohan Nagar, Civil And Revenue District Durg, Chhattisgarh., District : Durg, Chhattisgarh 35 - Shankar Yadav S/o Shri Bhagwan Singh Yadav Aged About 46 Years Presently Working As Vdqky Jfed, In The Office Of Sub Divisional Officer, Public Works Department, Bemetara, P.S. Bemetara, Revenue District Bemetara, Civil District Durg, Chhattisgarh., District : Durg, Chhattisgarh 36 - Jiwan Lal S/o Shri Johan Ram Aged About 56 Years Presently Working As Vdqky Jfed, In The Office Of Sub Divisional Officer, Public Works Department, Bemetara, P.S. Bemetara, Revenue District Bemetara, Civil District Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - The Engineer In Chief Public Works Department, Sirpur Bhawan, Near Akashwani, P.S. Civil Line Raipur, District Raipur, Chhattisgarh. 3 - Superintending Engineer Public Works Department, Durg Circle Durg, District Durg, Chhattisgarh. Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Bharat Lal Sahu, Advocate For Respondent(s) : Mr. S.S. Choubey, PL Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 07/05/2025 1. By the present petition, the petitioners are seeking a direction towards 6 the respondent authority to regularize the services of the petitioners on their respective posts i.e. Data Entry Operator 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 Data Entry Operator as daily wager and have completed more than 15 years. The petitioners are having all the requisite qualifications for holding the said post. The petitioners had submitted their detailed representation to the respondent authorities for considering their case for regular appointment as they had already completed more than 15 years. 3. Learned counsel for the petitionesr submits 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 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 on their respective i.e. Data Entry Operator. 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. 1 WPS No. 4293 of 2012 (decided on 10/02/2023 7 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. SD/- (Bibhu Datta Guru) Judge Amardeep 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)