1 2025:CGHC:38649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8770 of 2025 1 - Smt. Purnima Yadav D/o Shri Lakhan Lal Yadav Aged About 40 Years Presenlty Working As Post Of Primary Accountant Cum Data Assistant (Contract Basis) At Govt. Primary Health Center Sureli, Tah. Kanker, District - North Bastar Kanker (C.G.) 2 - Reena Salam D/o Shri Ramdayal Salam, Aged About 37 Years Presenlty Working As Post Of Primary Accountant Cum Data Assistant (Contract Basis) At Govt. Primary Health Center Pidhapal, Tah. Kanker, District - North Bastar Kanker (C.G.) 3 - Smt. Tikeshwari Dhurw W/o Shri Mithlesh Kumar Aged About 36 Years Presenlty Working As Post Of Primary Accountant Cum Data Assistant (Contract Basis) At Govt. Primary Health Center Kiskodo , Tah. Antagarh, District - North Bastar Kanker (C.G.) 4 - Sumanlata Darro D/o Shri Ravi Shankar Darro Aged About 36 Years Presenlty Working As Post Of Primary Accountant Cum Data Assistant (Contract Basis) At Govt. Primary Health Center Bhanbeda , Tah. Bhanu Pratappur , District - North Bastar Kanker (C.G.) 5 - Deepak Kumar Darro D/o Shri Ravishankar Darro Aged About 39 Years Presenlty Working As Post Of Primary Accountant Cum Data Assistant (Contract Basis) At Govt. Primary Health Center Kotmer , Tah. Charama, District - North Bastar Kanker (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur (C.G.) 2 - Joint Director Health Services Department, Division Bastar, District - Kondagaon (C.G.) 3 - Chief Medical Officer Kanker District - North Bastar (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Manoj Chauhan, Advocate. For Respondent(s) : Ms. Smita Jha, Panel Lawyer. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.08.05 19:00:48 +0530 2 Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 05/08/2025 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 Primary Accountant cum Data Assistant pursuant to the circular dated 05- 03-2008 from the date when the similarly situated persons have been regularized. 2. Case of the petitioners, in brief, is that the petitioners are presently working on the post of Primary Accountant cum Data Assistant 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. 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 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 Primary Accountant cum Data Assistant . 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 Chhattisgarh (WPS No.4293 of 2012, decided on 10.02.2023). 4. Par Contra, learned counsel for the respondents/State would oppose the contention of the counsel for the petitioners. 3 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 Others (Civil Appeal Nos. 7423- 7429 decided on 01.08.2018) 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, this petition is 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 Alok