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2026 DAILYLAW 1463 (CHH)

ASHOK KUMAR v. STATE OF CHHATTISGARH

WPS/1902/2026 · 2026-02-19

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:9106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1902 of 2026 1 - Ashok Kumar S/o Shri Sukdew Aged About 46 Years R/o Village Gondaiya, Bilaspur, District - Bilaspur Chhattisgarh 2 - Amit Hemraj S/o Shri Rajesh Hemraj Aged About 43 Years R/o Tarbahar Near Ghoda Dana School, Bilaspur, District Bilaspur Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya Mahanadi Bhawan, Atal Nagar Naya Raipur, District - Raipur Chhattisgarh 2 - Director Directorate Of Urban Administration And Development, Indravati Bhawan, Naya Raipur, District - Raipur Chhattisgarh 3 - The Commissioner, Municipal Corporation, Bilaspur, District Bilaspur Chhattisgarh --- Respondent(s) (The cause title is taken from CIS system) For Petitioners : Mr. Faisal Akhtar, Advocate For Respondent-State No.1 & 2 : Mr. Soumya Rai, Govt. Advocate For Respondent No.3 : Mr. Pranjal Shukla, Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 20/02/2026 1. Petitioners have filed this writ petition seeking following reliefs. “10.1 The Hon’ble Court may kindly be pleased to direct to regularize the service of the petitioners on the post being hold by petitioners or for the post petitioners are eligible for. 10.2 The Hon’ble Court may kindly direct to decide the representation of the petitioners or allow petitioners to make detailed representation before the BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2026.02.23 10:41:49 +0530 2 respondent authority and the same to be decided by the respondent authority. 10.3 Grant any other writ (s), order (s), relief(s) in favour of the petitioners, which the Hon’ble Court deemed fit and just in the facts and circumstances of the case, including awarding of the costs to the petitioner. 2. Learned counsel for petitioners submits that petitioners are appointed in Class-III post on Daily Wage basis in the year 2005 and since then they are continuously working under the respondents authorities. Since, the initial engagement, petitioners are continuously working on the said post on daily wage basis to the satisfaction of the authorities and as of now petitioners have completed more than 20 years as daily wage employee. He further contended that in view of his long engagement in service, petitioners are also entitled for regularization of service on the post, on which, they are working since last more than about 20 years. He, however, submits that at this stage petitioners may be permitted to submit a fresh representation before the authorities and in turn they be directed to take decision on the representation expeditiously thereafter. 3. Learned State counsel submits that as petitioners are not pressing this writ petition on merits and is only seeking permission to submit representation to be considered by authorities, he is having no objection to the limited prayer. 4. Considered the submission of counsel for the parties. Claim as raised by the petitioners in this writ petition is that they are continuously engaged as daily wage employee since 2005. Hon’ble Supreme Court in case of Narendra Kumar Tiwari & Others Versus State of 3 Jharkhand & Others reported in SCC (L&S) 2018 (2) 472 considered the issue of regularization of temporary/daily wages employees, who had completed 10 years of service. Further, Hon’ble Supreme Court in case of Jaggo Versus Union of India reported in (2024) SCC Online SC 3826 has further observed that the government departments to lead by example in providing fair and stable employment. Engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organization’s functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale. This writ petition at this stage is disposed permitting the petitioners to submit comprehensive representation before the respondents No. 2 & 3, and if, such a representation is submitted, the concerned authority shall consider and take decision on the representation in accordance with law expeditiously, preferably within a further period of 04 months from the date of receipt of representation. 5. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) JUDGE Balram