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2025 DAILYLAW 214 (CHH)

MUKESH KUMAR YADAV v. STATE OF CHHATTISGARH

WPS/12487/2025 · 2026-02-19

Shri Parth Prateem Sahu

body2025

Judgment text

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1 / 3 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12487 of 2025 Mukesh Kumar Yadav S/o Sitaram Yadav Aged About 40 Years Posted As Data Entry Operator, District Atal Bihari Vajpayee University Koni, Bilaspur, District Raipur C.G. ... Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Higher Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur C.G. 2 - Atal Bihari Vajpayee University, Through Its Registrar, Atal Bihari Vajpayee University, Bilaspur C.G. ... Respondent(s) For Petitioner : Ms. Zainab Mustafa Vanak, Advocate For Respondent No. 1 : Mr. Virendra Verma, P.L. For Respondent No. 2 : Mr. Neeraj Choubey, Advocate HON'BLE SHRI PARTH PRATEEM SAHU, JUDGE ORDER ON BOARD 20/02/2026 1. The petitioner has filed this writ petition seeking following reliefs. “10.1 That, the Hon'ble Court may kindly be pleased to direct the respondents to consider the candidature of petitioner for regularization on post of Data Entry Operator and further direct to grant consequential benefits arising out of the regularization. 2 / 3 10.3 That, any other relief which this Hon’ble Court may deem and proper in the present circumstances of the case.” 2. Learned counsel for petitioner submits that initially the petitioner was appointed on the post of DEO on contract basis on 29.10.2014 and since then he is continuously working, though the initial period of contract was for one year, however, it is time to time extended and till the petitioner is working as DEO with the respondents. It is contention of counsel for the petitioner that the petitioner has completed more than 10 years of service and therefore, he became entitled for regularization on the post on which petitioner is working. Petitioner submitted a representation before the respondent authorities on 13.05.2025 but till date the representation is not considered and decided. 3. Learned counsel for the respondent No. 2 would submit that in view of the limited prayer made by counsel for the petitioner, he has no objection. He however submits that the representation filed as Annexure-P/6 is with a prayer for absorption, if the petitioner wants that his services may be regularized then petitioner may file a fresh representation. 4. At this stage, counsel for the petitioner submits that petitioner will submit fresh representation before respondent No. 2 and direction be issued to respondent No. 2 to take decision on the representation to be submitted by the petitioner, at the earliest within specified time frame. 5. On due consideration of the submission of counsel for the parties, considering the nature of the claim as raised by the petitioner in this writ petition, he is continuously engaged as daily wage employee since 3 / 3 2002. Hon’ble Supreme Court in case of Narendra Kumar Tiwari & Others Versus State of Jharkhand & Others reported in SCC (L&S) 2018 (2) 472 for considering the temporary/daily wages employees, who had completed 10 years of service for regularization. Further, Hon’ble Supreme Court in case of Jaggo Versus Union of India reported in (2024) SCC Online SC 3826 has further observed that the government departments to lead by example in providing fair and stable employment. Engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organization’s functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale. 6. Without entering into merit of the claim of the petitioner, this writ petition is disposed at this stage, permitting the petitioner to submit comprehensive representation before the respondents No. 2 , and if, such a representation is submitted, the concerned authority shall consider and take decision on the representation in accordance with law expeditiously, preferably within a further period of four months from the date of receipt of representation, keeping in mind the decisions of Hon’ble Supreme Court referred above. 7. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) Saurabh JUDGE