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2026 DAILYLAW 2384 (CHH)

BHARAT LAL v. STATE OF CHHATTISGARH

WPS/1929/2026 · 2026-02-19

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 2026:CGHC:9048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1929 of 2026 • Bharat Lal S/o Shri Shankarlal Aged About 40 Years Occupation - Service Posted As Chowkidar At Water Resources Department, Division Dongargaon (Collector Rate), R/o Village- Rengakathera, Tahsil- Ambagarh Chowki, District- Mohla- Manpur-Ambagarh Chowki C.G. ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Water Resources Department, Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, Atal Nagar, District Raipur C.G. 2. Engineer-In-Chief, Water Resources Department, Mahanadi, Godawari Kachhar, Mantralaya, Naya Raipur, Atal Nagar, District Raipur C.G. 3. Collector Rajnandgaon, Distt. Rajnandgaon C.G. 4. Collector Mohla-Manpur, Distt.- Mohla-Manpur-Ambagarh Chowki C.G. 5. Executive Engineer, Water Resources Department Division- Dongargaon, Distt.- Rajnandgaon C.G. ... Respondents For Petitioner : Mr. Rajendra Patel, Advocate For Respondent-State : Mr. Khulesh Sahu, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 20/02/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondent- authorities to consider the case of the petitioner for regularization in light of circular and orders passed by this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondent- authorities to consider and decide the PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA Date: 2026.02.20 18:08:07 +0530 2 / 3 representation of the petitioner in light of the judgment passed by this Hon'ble Court. 10.3 Any other relief as this Hon'ble Court may deems fit looking to the facts and circumstances of the case may also be awarded.” 2. Learned counsel for petitioner submits that the petitioner is appointed as Chowkidar on daily wage basis in the Water Resource Department, Division Dongargarh. Since, the initial engagement on 04.04.2008, petitioner is working on the said post on daily wage basis. On 31.11.2010, petitioner has been ousted from the work by an oral order. However, he was reinstated in the services vide order dated 29.03.2016 on an application filed under Section 2-A(2) of the Industrial Disputes Act, 1947 by the Labour Court. As of now petitioner has completed more than 10 years on daily wage basis. He further contended that in view of his long engagement in service, petitioner is also entitled for his consideration to be regularized on the post, on which, he is working since last more than about 17 years since the date of initial appointment. Petitioner submitted representation on 13.11.2025, which is not considered and decided. He, however, submits that at this stage he may be permitted to submit a fresh representation before the authorities and authorities be directed to take decision on the representation expeditiously thereafter. 3. Learned State counsel submits that as petitioner is 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. On due consideration of the submission of counsel for the parties, considering the nature of the claim as raised by the petitioner in this writ petition, he is 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 for considering the temporary/daily wages employees, who had completed 3 / 3 10 years of service for regularization. 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 petitioner, this writ petition is disposed at this stage, permitting the petitioner to submit comprehensive representation before the respondents No. 2 to 5, 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) pwn JUDGE