1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10051 of 2025 1 - Sudama Ram S/o Late Shri Shyam Sundar Aged About 53 Years Working (On Collector Rate As Daily Wages Employee), At Sub Divisional Officer, Public Works Department, National Highway, Sub Division Manendragarh, District M.C.B. Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, Department of Water Resource Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh 2 - Engineer In Chief Water Resources Department, Sihawa Bhawan New Raipur, District Raipur Chhattisgarh. 3 - Chief Engineer Public Works Department, National Highway Zone Raipur, District Raipur Chhattisgarh. 4 - Executive Engineer Public Works Department, National Highway, Division Ambikapur, District Surguja Chhattisgarh. 5 - Sub Divisional Officer Public Works Department, National Highway, Sub Division Manendragarh, District M.C.B. Chhattisgarh. ... Respondent(s) For Petitioner (s) : Shri Jeet Ram Patel, Advocate. For State : Shri Khulesh Sahu, Panel Lawyer. For Respondent No. 3&4 Shri Tushar Dhar Diwan, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 28.08. 202 5 1. By the present writ petition, the petitioner who is working as a daily wager since 18.09.1998 in Public Works Department, is 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 25.03.1998 on compassionate Digitally signed by INDRAJEET SAHU Date: 2025.08.30 12:23:30 +0530 2 ground after death of her husband who was working as permanent labourer in the Public Works Department who died in the year 1997. Learned counsel for the petitioner would submit that after appointment of the petitioner as daily wages in the year 1998, 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. 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 material annexed with the writ petition. 5. It is not in dispute that the petitioner has been appointed as a daily wager on 18.09.1998 on compassionate ground after death of his father who was working as a permanent labourer in PWD under the respondent no. 4. 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 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 3 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. 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 his father 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/- (Ravindra Kumar Agrawal) Judge inder