1 2025:CGHC:22702 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3513 of 2025 1 - Anuranjana Minj D/o Lazrus Minj, Aged About 33 Years, Working As Post of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Barangjor, Tah. - Kunkuri, District - Jashpur (C.G.) 2 - Smt. Kiran Minj W/o Shri Prabhu Das Minj, Aged About 51 Years, At Present Working As Post of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Devbhora, Tah. - Kunkuri, District - Jashpur (C.G.) 3 - Suchita Xess D/o Shri Jowakim Xess, Aged About 44 Years, Working As Post of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Jokari, Tah. - Kunkuri, District - Jashpur (C.G.) 4 - Pratima Xess D/o Shri Benjamin Xess, Aged About 40 Years, Working As Post of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Dhodibahar, Tah. - Kunkuri, District - Jashpur (C.G.) 5 - Sudha Minj D/o Shri Lazrus Minj, Aged About 35 Years, Working As Post of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Bhagora, Tah. - Farsabahar, District - Jashpur (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through - The Secretary, Department of Health and Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.) 2 - The Joint Director, Health Services Department, Division Ambikapur, District - Sarguja (C.G.) 3 - The Chief Medical Officer Jashpur, District - Jashpur (C.G.) ... Respondents (Cause-title taken from Case Information System) And Digitally signed by MOHAMMAD AADIL KHAN 2 2025:CGHC:22709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3539 of 2025 1 - Ramnath Kewat S/o Late Shri Samund Ram Kewat, Aged About 43 Years, Working As Post of Driver (Contract Basis) At Office of The District Ayurvedik (Ayush) Officer Koriya, District- Koriya (C.G.) 2 - Bhooshan Singh Sarpey S/o Shri Deep Ram Sarpey, Aged About 47 Years, Working As Post of Driver (Contract Basis) At Office of The District Ayurvedik (Ayush) Officer Korba, District- Korba (C.G.) 3 - Suresh Singh S/o Shri Kalyan Singh, Aged About 32 Years, Working As Post of Driver (Contract Basis) At Directorate of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy, Indravati Bhawan New Raipur, District- Raipur (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through- The Secretary, Department of Health and Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur (C.G.) 2 - The Director, Ayush Department, Indravati Bhawan New Raipur, District- Raipur (C.G.) 3 - The District Ayurved Officer (Ayush) Koriya (C.G.) 4 - The District Ayurved Officer (Ayush) Korba (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Sanjeev Kumar Sahu, Advocate. For State/Respondents : Mr. Akhilesh Kumar, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09-06-2025 3 1. Since identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common order. 2. By the present petitions, the petitioners are seeking a direction towards the respondent authority to regularize the services of the petitioners on the post of Second A.N.M. and Driver respectively 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 Second A.N.M. and Driver respectively in the respondent Department on contract basis and has completed more than a decade. The petitioners are having all the requisite qualifications for holding their respective posts. 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. The petitioners are working on contract basis since long. He would further submit that the State government has regularized the services of similarly situated employees on the basis of circular dated 05/03/2008, therefore, the petitioners are also entitled for regularization of their services on the post of Second A.N.M. and Driver respectively. In support of his contention, learned counsel has relied on the judgment passed by this Court in the matter of Manoj Kumar Nirmalkar Vs. State of Chhattisgarh1 5. Per Contra, learned counsel for the respondents/State would 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. 1 WPS No.4293 of 2012 (decided on 10/02/2023) 4 7. The Hon'ble Apex Court in the matter of Narendra Kumar Tiwari and Others Vs. 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, both 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 employees 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/- (Ravindra Kumar Agrawal) Judge Aadil 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)