1 2025:CGHC:23975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4318 of 2025 1 - Yogeshwar Sahu S/o Shri Bhaiyaram Sahu Aged About 36 Years R/o Prayas Girls Residential School Gudiyari, Raipur Chhattisgarh 2 - Motilal Saytode S/o Shri Chintaram Saytode Aged About 46 Years R/o Near Jalaram Mandir, Shaheed Nagar Khamtarai, Raipur Chhattisgarh 3 - Hemlata W/o Yogesh Kumar Chaturvedi Aged About 36 Years R/o Ward No. 3, Bhatapara, Renga Kathera, Durg, Chhattisgarh 4 - Madhubala Sahu W/o Vishnu Prasad Sahu Aged About 43 Years R/o 39/950, Dharamnagar, Tikrapara, Ward No. 50, Raipur, Chhattisgarh 5 - Anju Sahu W/o Devkumar Sahu Aged About 43 Years R/o Ward No. 8, High School Chowk, Dharsiva, Raipur, Chhattisgarh 6 - Maheshwari Sahu W/o Puran Lal Sahu Aged About 42 Years R/o Ward No. 2 Rajim, Gariyaband Chhattisgarh 7 - Umesh Kumar Sahu S/o Tirathram Sahu Aged About 37 Years R/o Chandi, Ward No. 21, Sakari-4, Raipur, Chandi Bazar, Chhattisgarh 8 - Sunil Kumar Dharpe S/o Bhagat Ram Dharpe Aged About 42 Years R/o House No. 21/72, Mishan Ward, Ward No. 21, Tilda, Raipur, Chhattisgarh 9 - Dayaluram Chaturvedi S/o Tarachand Chaturvedi Aged About 54 Years R/o 98, Station Para Purani Basti, Rajendra Ward No. 20, Tilda-Neora, Raipur Chhattisgarh ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.08.08 20:04:45 +0530 2 10 - Pramila Verma W/o Badri Verma Aged About 54 Years R/o Ward No. 14, Tilda, Raipur, Neora, Chhattisgarh 11 - Sarasvati Lahre W/o Jitendra Kumar Lahare Aged About 48 Years R/o Near Atal Awas, Ward No. 2, Mission Colony, Tilda, Raipur, Chhattisgarh 12 - Kumar Singh Dhruw S/o Hemulal Dhruw Aged About 39 Years R/o Shankar Wand, Sasaholi, Ward-01, Tilda, Raipur W.R.S. Chhattisgarh 13 - Toshan Kumar Sahu S/o Panna Lal Sahu Aged About 40 Years R/o Subhash Chowk, Kolar, Ward-17, Kolar, Raipur, Chhattisgarh 14 - Prem Lal Dhruw S/o Guha Ram Dhruw Aged About 50 Years R/o 91, Otgan, Raipur, Kamta, Chhattisgarh 15 - Chandrashekhar Nirmalkar S/o Shivram Nirmalkar Aged About 39 Years R/o 34, Vikram Chowk, Ward 2, Abhanpur Basti, Abhanpur Np), Raipur, Abhanpur, Chhattisgarh 16 - Yogesh Kumar Sahu S/o Anuj Ram Sahu Aged About 42 Years R/o Ward 11, Sivani, Sahu Para, Sivani, Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Tribal And Scheduled Caste Development, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar District Raipur Chhattisgarh 2 - Commissioner Tribal And Scheduled Caste Development, Chhattisgarh, Indravati Bhawan, Atal Nagar, Nava Raipur Chhattisgarh 3 - Assistant Commissioner Tribal Welfare Department, Raipur, District Raipur Chhattisgarh 4 - Collector Raipur, District Raipur Chhattisgarh ... Respondent(s) 3 For Petitioner(s) : Mr. Galib Dwivedi, and Mr. Shantam Awasthi, Advocate. For Respondent(s) : Mr. Kanwaljeet Singh Saini, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 13/06/2025 1. By the present petition, the petitioners are seeking a direction towards the respondent authority to regularize the services of the petitioners on the post of Class-IV 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 petitioner is presently working on the Class -IV posts in department of respondent as daily wager and has completed more than two decades of service. The petitioners are having all the requisite qualifications for holding the post of Class-IV. The petitioners had submitted their detailed representation to the respondent authorities for considering their case for regular appointment on the post of Class-IV as he had already completed more than two decades of service. 3. 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 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 petitioner is also entitled for regularization of his services on the post of Driver. 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 Chhattisgarh. 4. Per Contra, learned counsel for the respondents/State would oppose the contention of the counsel for the petitioners. 5. I have heard learned counsel for the parties and perused the material 4 available on record. 6. The Hon'ble Apex Court in the matter of Narendra Kumar Tiwari and Others v. The State of Jharkhand and Others 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 muster roll and all records when the services of other daily wagers 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 with all consequential benefits. It is also directed that all this exercise be completed within a period of 90 days from the date of receipt of copy of this order. Sd/- (Ravindra Kumar Agrawal) Judge Alok