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2026 DAILYLAW 16234 (CHH)

KALAYAN DAS v. STATE OF CHHATTISGARH

WPS/874/2026 · 2026-01-28

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 2026:CGHC:5093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 874 of 2026 1 - Kalayan Das S/o M. L. Das Aged About 61 Years R/o Village And Post Akaltara, P.S. Akaltara, District : Janjgir-Champa, Chhattisgarh 2 - Shankerlal Sen S/o Pyarelal Sen Aged About 48 Years R/o Village And Post Akaltara, P.S. Akaltara, District : Janjgir-Champa, Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary Urban Administration And Development Department Naya Raipur, District : Raipur, Chhattisgarh 2 - Joint Director Urban Administration And Development Department, Bilaspur, District : Bilaspur, Chhattisgarh 3 - Chief Municipal Officer Nagar Palika Council Akaltara, District : Janjgir- Champa, Chhattisgarh 4 - District Selection Committee Through Joint Director Urban Administration And Development Bilaspur Zone, District : Bilaspur, Chhattisgarh ... Respondents For Petitioner : Mr. Vibhor Govardhan, Advocate For Respondent no. 3 : Ms. M. Asha, Advocate ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.30 15:06:49 +0530 2 / For Respondents- State : Mr. Vinay Pandey, Deputy Advocate General S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 29/01/2026 1. Petitioners have filed this writ petition, seeking following reliefs:- “10.1 That, this Hon’ble court may kindly be pleased to call for the entire records in relates to the case of the petitioners from the possession of respondents for its kind perusal. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to consider and grant regularization benefit to the petitioner w.e.f 29.02.2016 along with regular pay scale and all consequential benefits, in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to direct respondent authorities to put an end to petitioners period, in the interest of justice. 10.4 That, this Hon’ble Court may kindly be pleased to direct respondent authorities to consider and decide petitioners representation dated 23.12.2025 (Annexure P/13) within 30 days of time limit, in the interest of justice. 10.5 That, this Hon’ble Court may kindly be pleased to grant any other relief/relief’s in favour of the petitioners, which the Hon’ble Court deemed fit and just in the facts 3 / and circumstances of the case, including awarding of the costs of the petitioner.” 2. Learned counsel for petitioners submits that petitioners were initially appointed on daily wages with respondent no. 3 in the year 1997. Petitioners after serving as daily wager for more than about 10 years submitted an application for their regularization in view of circular dated 05.03.2010 which was not considered and, therefore, writ petition bearing WPS No. 2449 of 2015 and WPS No. 2447 of 2015 were filed. The writ petitions were disposed of directing respondents to consider the claim of petitioners for regularization in accordance with the circular issued by State Government dated 05.03.2008. Respondent pursuant to the order passed in writ petition have considered claim of petitioner and has regularized service vide order dated 29.02.2016 vide Annexure P-4 and petitioners were being paid benefit of pay scale according to pay scale as mentioned therein. Based on some complaint again the Joint Director, Urban Administaration And Development Department, Bilaspur objected the regularization of petitioner stating that proper procedure has not been followed before regularization and accordingly, the order of regularization of petitioner was cancelled vide order dated 13.09.2023. The order of cancellation was again put to challenge in writ petition bearing WPS No. 7865 of 2023 which was again disposed of permitting the petitioner to submit fresh representation before respondent no. 5 therein and to be decided within specified time frame. Accordingly, the claim of petitioner was again considered and order of regularization of petitioner was again issued on 13.03.2004 (Annexure P-11). He submits that since then petitioners are working on the regular post as permanent employee on 4 / the post of Assistant Revenue Inspector and Electrician (Line Man). Grievance of the petitioners in this writ petition is that respondent authority are not letting petitioners to be permanent employees since 29.02.2016 i.e. first order of regularization of service of petitioners. He submits that based on same eligibility criteria on which petitioners service were earlier regularized on 29.02.2016 subsequently also the respondents have considered the same material have passed same order for regularization on 13.03.2024 as there is no irregularity or illegality in issuance of the order of regularization of petitioner,s therefore, petitioners are also entitled for benefit of regularization of their service from 29.02.20216. Petitioners have submitted representation in this regard before respondent no. 2 and 3 which till date is pending consideration, therefore, direction be issued to respondent no. 2 and 3 to take decision on pending representation at the earliest within specified time frame. 3. Learned counsel for respondents would submit that as petitioner is not pressing this writ petition on merits and is only seeking direction to respondent authority to consider and take decision on pending representation, they are having no objection to the limited prayer of counsel for the petitioner. 4. On due consideration of submission made by learned counsel for the respective parties, nature of grievance raised and further considering the representation submitted by petitioner which is still pending consideration, I find it appropriate to dispose of this writ petition at this stage, directing respondent no. 2 and 3 to take decision on pending 5 / representation in accordance with law, expeditiously, preferably within a further period of 3 months from the date of receipt of this Order. 5. With the aforesaid observation and direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza