1 2025:CGHC:38528 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3781 of 2025 1 - Khemdas Manikpuri S/o Late Shri Khorbahra Das Aged About 46 Years Working As Peon At Government Ayurvedic College/ Hospital, Bilaspur, Chhattisgarh. R/o Chhoti Koni, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Health And Family Welfare, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director, Directorate Of Ayush (Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy), Sector- 40, Uparwara, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - District Ayurveda Officer, Bilaspur Nootan Colony, Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh. 4 - Principal And Superintendent Govt. Ayurvedic College/ Hospital, Nootan Chowk, Sarkanda, District Bilaspur, Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioners : Ms. Meena Shastri, Advocate. For State/Respondents : Mr. S.P. Kale, Addl. Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 04-08-2025 1. By the present petition, the petitioner is seeking a direction towards the respondent authority to regularize the services of the petitioner on the post of Peon pursuant to the circular dated 05-03-2008 from the date when the Digitally signed by MOHAMMAD AADIL KHAN 2 similarly situated persons have been regularized. 2. Case of the petitioner, in brief, is that the petitioner is presently working on the post of Peon in the Govt. Ayurvedic College/Hospital Nutan Chouk, Sarkanda, District Bilaspur (C.G.) as daily wager and has completed more than a decade of service. The petitioner is having all the requisite qualifications for holding the post of Peon. The petitioner had submitted his detailed representation to the respondent authorities for considering his case for regular appointment as he had already completed more than a decade of service. 3. Learned counsel for the petitioner 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 petitioner is a daily wager since long. She 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 petitioner is also entitled for regularization of his service on the post of Peon. 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 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. 6. 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 1 WPS No.4293 of 2012 (decided on 10/02/2023) 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018) 3 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 muster roll and all records when the services of other daily wagers were regularized. If the case of the petitioner is also found to be similar to those daily wagers whose services were regularized, his services be also regularized from the same date with all consequential benefits. 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