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2026 DAILYLAW 16558 (CHH)

SUKHLAL XALXO v. STATE OF CHHATTISGARH

WPS/1095/2026 · 2026-01-28

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:4904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1095 of 2026 1. Sukhlal Xalxo S/o Shri Juglal Xalxo Aged About 39 Years Singitana Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 2. Belas Ram S/o Shri Brajlal Aged About 32 Years Kalyanpur, Sundarganj, Surajpur, District : Surajpur, Chhattisgarh 3. Tileshwar Ram S/o Shri Sukh Say Aged About 35 Years Agrensen Ward No. 38, Harijan Para Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 4. Banderam S/o Late Shri Rajjan Say Aged About 50 Years Ward No. 07, Majharpara, Kasara, Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh 5. Varsh Kumar Rajwade S/o Shri Balgovind Rajwade Aged About 35 Years Junapara, Krishnapur, Post- Bhitti Kalan, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 6. Dineshwar Kujur S/o Shri Harisay Kujur Aged About 41 Years Village - Gelhachua, Post- Bargawan Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 7. Praveen Ekka S/o Shri Agstus Ekka Aged About 33 Years Ward No. 08, Eframpur, Goria, Jashpur, District : Jashpur, Chhattisgarh ... Petitioners versus 1. State Of Chhattisgarh Through - Secretary Public Health Engineering Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2. Engineer-In-Chief Public Health Engineering Department, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 3. Superintending Engineer Public Health Engineering Department, (E / M) Circle, Neer Bhavan- Raipur, District : Raipur, Chhattisgarh 4. Executive Engineer Public Health Engineering Department, (E / M) Circle- Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondents For Petitioners : Mr. Abhishek Singh, Advocate For Respondent-State : Mr. Aditya Tiwari, Panel Lawyer PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 29/01/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 The Hon'ble Court may kindly be pleased to call record in the case of petitioners. 10.2 The Hon'ble Court may kindly be pleased to direct Respondent Authorities to consider the case of Petitioner, regarding regularization on the post of Helper in pursuance to the order of Hon'ble Supreme Court in case of Narendra Kumar Tiwari and others as well as passed in case of Jaggo Vs. Union of India. 10.3 The Hon'ble Court may kindly be pleased to direct Respondents to consider the case of Petitioner for regularization taking into account of seniority. 10.4 The Hon’ble Court may kindly be pleased to direct respondents to regularize the service from his juniors has been regularized.” 2. Learned counsel for petitioners submits that the petitioners are appointed as Helper on daily wage basis. Since, the initial engagement, petitioners are continuously working on the said post on daily wage basis and as of now petitioners have completed more than 10 years on daily wage basis. He further contended that in view of the law laid down by the Hon’ble Supreme Court, petitioners are also entitled for their consideration for regularization on the post, on which, they are working since last more than about 10 years. He, however, submits that at this stage petitioners may be permitted to submit fresh representation before the appropriate authorities and the said authorities 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 only seeking permission to submit representation to be considered by authorities, he is having no objection to the limited prayer. 3 / 3 4. On due consideration of the submission of counsel for the parties, considering the nature of the claim as raised by the petitioners in this writ petition, they are continuously engaged as daily wage employee since 2008. Hon’ble Supreme Court in case of Narendra Kumar Tiwari & Others Versus State of Jharkhand & Others reported in SCC (L&S) 2018 (2) 472 considered the issue of claim 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. Without entering into merit of the claim of the petitioners, this writ petition is disposed at this stage, permitting the petitioners to submit comprehensive representation before the respondents No. 2 to 4, and if, such a representation is submitted, the concerned authorities shall consider and take decision on the representation in accordance with law expeditiously, preferably within a further period of four 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) pwn JUDGE