1 / 6 2025:CGHC:21139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3297 of 2025 1 - Rajkumar Chopra S/o Late Shri Kartik Ram Chopra Aged About 40 Years Working As Driver, R/o Bhilai, Behind Kurmi Bhavan Supela Bhilai, Durg District Durg Chhattisgarh. --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Planning, Economics And Statistics Department, Mantralay, Atal Nagar Nava Raipur, District Raipur Chhattisgarh. 2 - Under Secretary Economics And Statistics Department, Mantralay, Atal Nagar Nava Raipur, District Raipur Chhattisgarh. 3 - Assistant Director Economics And Statistics Department, Raipur, District Raipur Chhattisgarh. 4 - Deputy Director (Administration) Economics And Statistics Department, Mantralay, Atal Nagar Nava Raipur, District Raipur Chhattisgarh. 5 - Assistant Director Economics And Statistics Department, Indravati Bhavan, Atal Nagar Nava Raipur, District Raipur Chhattisgarh. --- Respondent(s) with WPS No. 3321 of 2025 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.05.09 15:48:41 +0530 2 / 6 1 - Brihaspati Tripathi S/o Late Shri Mithilaprasad Tripathi Aged About 54 Years Working As Driver, R/o. Kashiram Nagar Sector-3, Block - 1, Room No. 9, Raipur Distt.- Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Planning, Economics And Statistics Department, Mantralaya, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Under Secretary Economics And Statistics Department, Mantralaya, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 - Assistant Director Economics And Statics Department, Raipur, District- Raipur (C.G.) 4 - Deputy Director (Administration) Economics And Statistics Department, Mantralaya, Atal Nagar Nava Raipur, District- Raipur (C.G.) 5 - Commissioner Cum Director Economics And Statistics Department, Raipur, District- Raipur (C.G.) --- Respondent(s) with WPS No. 3322 of 2025 1 - Sanat Kumar Kashyap S/o Late Shri Jawahar Lal Kashyap Aged About 40 Years Working As Driver, R/o Ward No. 24, Behind S.P. Office, I.T.I. Bangin Dabhar, Korba, District Korba, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Planning Economics And Statistics Department, Mantralaya, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - Under Secretary Economics And Statistics Department, Mantralaya, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 3 / 6 3 - Assistant Director Economics And Statistics Department, Raipur, District Raipur, Chhattisgarh. 4 - Director Economics And Statistics Department, Indravati Bhavan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 5 - Deputy Director Economics And Statistics Korba, District Korba, Chhattisgarh. --- Respondent(s) with WPS No. 3344 of 2025 1 - Doman Kumar Sahu S/o Shri Shyamlal Sahu Aged About 45 Years Working As Driver, R/o. House No. 12 Ward No. 1, N H 130 C Rajim To Kaundkera Road, Jyoti Chowk, Vtc Beltukri, P.O. Beltukri, Sub District- Rajim Dist- Gariyaband (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Public Works, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh 2 - Engineer-In-Chief Department Of Public Works, Sirpur Bhawan, Raipur, Distt. Raipur, Chhattisgarh 3 - Chief Engineer Department Of Public Works, Raipur, Distt.- Raipur, Chhattisgarh 4 - Superintendent Engineer Department Of Public Works, Raipur, Distt. Raipur, Chhattisgarh 5 - Executive Engineer Department Of Public Works Division No.1, Raipur Distt. Raipur, Chhattisgarh --- Respondent(s) with 4 / 6 WPS No. 3350 of 2025 1 - Kanhaiyalal Manikpuri S/o Shri Fagulal Manikpuri Aged About 38 Years Working As Driver, R/o Vill.- Sitlapara, Sarwandi, Sarwadi, Kanker Post Distt.- Kanker (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Planning, Economics And Statistics Department, Mantralaya, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Under Secretary Economics And Statistics Department, Mantralaya, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 - Assistant Director Economics And Statistics Department, Raipur, District- Raipur (C.G.) 4 - Director Economics And Statistics Department, Indravati Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 5 - Deputy Director District Economics And Statistics North Baster Kanker, District- Kanker (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Syed Ishhadil Ali, Advocate For Respondents/ State : Mr. Ajit Singh and Mr. Akhilesh Kumar, Govt. Advocates, Mr. Kanwaljeet Singh Saini and Mr. Sabyasachi Choubey, Panel Lawyers (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 08/05/2025 1. Since identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common order. 5 / 6 2. By the present petitions, the petitioners are seeking a direction towards the respondent authority to regularize the services of the petitioners as they are working on the post of Driver as daily wager pursuant to the circular dated 05.03.2008 from the date when the similarly situated persons have been regularized. 3. Case of the petitioners, in brief, is that the petitioners are presently working on the post of Driver as daily wager in the respondent Department and has completed more than a decade. The petitioners are having all the requisite qualifications for holding their post in which they are working. 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 a decade. 4. Learned counsel for the petitioners 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. 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 5. Per Contra, learned counsel for the respondents/State would 1 WPS No. 4293 of 2012 (decided on 10/02/2023 6 / 6 oppose the contention of the counsel for the petitioners. 6. I have heard learned counsel for the parties and perused the material available on record. 7. 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." 8. Having regard to the facts and circumstances of the case and the principles of law laid down by the Hon'ble Supreme Court, all these petitions are 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 petitioners are also found to be similar to those daily wager whose services were regularized, their services be also regularized from the same date. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)