2025:CGHC:44810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10254 of 2025 Vishvas Rathore S/o Shri Ramkrishna Rathore Aged About 37 Years R/o Ward No. 12, Purani Basti, Janjgir, Police Station- Janjgir, District- Janjgir-Champa (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (Chhattisgarh) 2 - Director Women And Child Development Department, Second Floor, Block- A, Indiravati Bhawan, Atal Nagar, Nava Raipur, District- Raipur (Chhattisgarh) 3 - District Program Officer Women And Child Development Department District- Janjgir-Champa (Chhattisgarh) 4 - Project Officer Integrated Child Development Scheme, Janjgir, Nawagarh- 2, Women And Child Development Department District- Janjgir-Champa (Chhattisgarh) ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Abhishek Singh, Advocate For Respondents/State : Shri Shreyansh Mehta, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 02.09.2025 1. By the present petition, petitioner is seeking a direction towards the respondent authority to regularize the services of the petitioner on the post of Computer Operator, 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 petitioner is presently working on the post of Computer Operator in department of respondent as Daily Wage Digitally signed by V PADMAVATHI Date: 2025.09.04 11:10:04 +0530 Wps 10254 of 2025 2 employee, and has completed more than 10 years of service. Petitioner is having all the requisite qualifications for holding the post of Computer Operator. Petitioner had submitted detailed representation to the respondent authorities for considering his/her case for regular appointment on the post of Computer Operator, as he/she had already completed more than 10 years of service. 3. Learned counsel for the petitioner would submit 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. Petitioner is Daily Wage employee 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, petitioner is also entitled for regularization of his/her services on the post of Computer Operator. 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-4293 of 2012) decided on 10.02.2023. 4. On the other hand, learned counsel for the respondents/State would oppose the contention of learned counsel for the petitioner. 5. Heard learned counsel for the parties, and perused the material available on record. 6. 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 of 2018, decided on 01.08.2018, held in para 11 of its judgment: Wps 10254 of 2025 3 “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 records of others similarly situated employees when their services were regularized. If the case of the petitioner is also found to be similar to those daily wagers, whose services were regularized, he/she 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 padma