1 2025:CGHC:14540 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5821 of 2024 1 - Devendra Singh S/o Shri Bansh Bahadur Singh Aged About 48 Years Skilled Labour In The Office Of Public Works Department Division -1 Raipur, District - Raipur (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary,public Works Department Mantralaya Mahandi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) 2 - Engineer - In Chief Public Works Department, Nirman Bhawan Atal Nagar Nava Raipur, District - Raipur (C.G.) 3 - Sub Divisional Officer Public Works Department, Division -1 Raipur, District - Raipur (C.G.) Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. C.J.K. Rao, Advocate For Respondent(s) : Mr. S.S. Choubey, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 26/03/2025 1. Challenge in the instant Writ Petition is to the order dated 30/05/2024 (Annexure-P/1) passed by respondent/PWD, whereby the respondents’ RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.26 17:17:32 +0530 2 authorities has rejected the claim of the petitioner in respect of his regularization on completion of 10 years of service. 2. Learned counsel for the petitioner submits that the petitioner was appointed as Labourer in the year 01/08/2005 and has completed more than 10 years of service, but inspite of that he is still getting the wages as per the Collectorate rate, whereas, as per the Circular of the State Govt. dated 05/03/2008, the petitioner is entitled for regularization and he has completed more than 10 years of service. The action on the part of the respondent authorities while rejecting the claim of the petitioner 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 petitioner is a daily wager since long. He would further submit that the State government has regularized the services of similarly situated daily wages employees of the Tribal Welfare Department on the basis of circular dated 05/03/2008, therefore, the petitioner is also entitled for regularization of his services. In support of his contention, learned counsel has relied decision of this Court passed in WPS No. 9263/2022 decided on 17/03/2025. 3. Per Contra, learned counsel for the respondents/State would oppose the contention of the counsel for the petitioner and submits that since the petitioner has not been engaged with the present department prior to 31/12/1997, he is not at all entitled for regularization as per circular dated 05/03/2008. 4. I have heard learned counsel for the parties and perused the material 3 available on record. 5. 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." 6. In the present case, the respondent authorities in the impugned order (Annexure P/1) have written in the second last paragraph that the petitioner was working since 01/08/2005, so at the time of passing the impugned order, the petitioner had completed 10 years of service but they did not regularize his services. Therefore, it is clear from all the documents that the respondent authorities did not follow the aforesaid directions of the Hon'ble Supreme Court and this Court in the matter of regularization of services of the petitioner. 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 and the impugned order dated 30/05/2024 (Annexure P/1) is hereby set aside. The respondent authorities are directed to again inspect the muster roll and all records when the services of other daily wagers of the Tribal Department were regularized. If the case of the petitioner is 1 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018) 4 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/- (BIBHU DATTA GURU) JUDGE Rahul