1 2025:CGHC:12638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 226 of 2025 1 - Smt. Fulbasiya Wd/o Late Shri Baleshwar Aged About 48 Years R/o Village - Rajkheta, P.O. - Wadrafnagar, District - Balrampur-Ramanujganj Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh 2 - The Chief Engineer (Administration) Public Works Department, Raipur, Chhattisgarh 3 - Executive Engineer Public Works Department, Division Ramanujganj, District - Balrampur-Ramanujganj Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.19 15:59:09 +0530 2 4 - Sub-Divisional OfÏcer Public Works Department, Sub-Division Wadrafnagar, District Balrampur-Ramanujganj Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Santosh Bharat, Advocate. For Respondents/State : Shri Vivek Sharma, Addl. Advocate General. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 17.03.2025 1. By the present writ petition, the petitioner who is working as a daily wager since 12.02.1999 in Public Works Department seeking a direction towards the respondent for consideration of his case for regularization of service within a stipulated period. 2. Learned counsel for the petitioner would submit that the petitioner has been appointed as a daily wager on 06.02.1999 on compassionate ground after death of her husband who was working as permanent labourer in the Public Works Department who died on 23.12.1997. Learned counsel for the petitioner would submit that after appointment of the petitioner as daily wages in the year 1999, the petitioner is continuously working in the said post, however the petitioner service as daily wager is not being regularized till date, in spite of repeated request. 3 3. Learned counsel for the respondent State would submit that the petitioner’s appointment was only as a daily wager on temporary basis and the same was after 31.12.1997 which was provided in the circular of State Government dated 05.03.2008, hence the case of the petitioner cannot be considered for regularization. 4. I have heard both the parties and perused the pleadings as well as the reply filed by the respondent/State. 5. It is not in dispute that the petitioner has been appointed as a daily wager on 06.02.1999 on compassionate ground , after death of her husband who was working as a permanent labourer in PWD under the respondent no. 3. From pleadings of both the parties, it is also not in dispute that since then the petitioner is working as daily wager in the Public Works Department, however, the case of the petitioner has not been considered for regularization. 6. The Hon’ble Apex Court in the matter of Narendra Kumar Tiwari and others v. The State of Jharkhand and Others1 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." 1. Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018) 4 7. In view of the aforesaid judgment of Supreme Court and the petitioner is working as daily wager, appointment of which was made on account of the death of her husband on compassionate ground. The respondent/State is directed to consider the case of the petitioner for regularization and take necessary decision in accordance with law within a period of 90 days from today. 8. The writ petition is allowed to the above extent. Sd/- (Bibhu Datta Guru) Judge Shoaib