1 CGHC010299722026 2026:CGHC:34465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5970 of 2026 1 - Lochan Prasad Pandey S/o Shri Tulsi Prasad Pandey Aged About 43 Years At Present Daily Wages Employee, In Aadivasi Balak Aashram, Chhindola Block Mainpur, District Gariyaband R/o Ward No. 19, Shanti Nagar, Village And Block - Mainpur, District Gariyaband Chhattisgarh 2 - Khilawan Yadav S/o Shri Vishram Yadav Aged About 36 Years At Present Daily Wages Employee, In Aadivasi Balak Aashram, Chhindola Block Mainpur, District Gariyaband R/o Ward No. 04, Village Haradibhata And Block - Mainpur, District Gariyaband Chhattisgarh 3 - Veernarayan Dhruw S/o Shri Jaylal Dhruw Aged About 37 Years At Present Daily Wages Employee, In Aadivasi Balak Aashram, Bade Gobra Block Mainpur, District Gariyaband R/o Ward No. 20, Village Chandanbahara Farsia Block - Nagri, District Dhamtari Chhattisgarh 4 - Durjan Netam S/o Shri Jayram Netam Aged About 38 Years At Present Daily Wages Employee, In Aadivasi Balak Aashram, Bade Gobra Block Mainpur, District Gariyaband R/o Ward No. 01 Village And Block Mainpur, District Gariyaband Chhattisgarh --- Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Tribal And Schedule Caste Development Department, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur Chhattisgarh 2 - The Commissioner Tribal And Schedule Caste Development Department, Directorate, Block 4 D, Ground Floor, Indravati Bhawan, Nava Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.08.07 17:59:39 +0530 2 3 - The Collector District Gariyaband Chhattisgarh 4 - The Assistant Commissioner Tribal And Schedule Caste Development Department, District Gariyaband Chhattisgarh --- Respondents WPS No. 5986 of 2026 1 - Rakesh Kumar Dewangan S/o- Sri Aatma Ram Dewangan, Aged About 32 Years At Present Daily Wages Employee In Pre Matrix Aadivasi Balak Chhatrawas, Chhura, Block- Chhura, District- Gariyaband. R/o- Ward No. 03, Village Saragaon, Block- Chhura, District- Gariyaband (C.G.) 2 - Eshwar Singh Nagesh, S/o- Late Shri Thanwar Singh Nagesh Aged About 40 Years At Present Daily Wages Employee In Pre Matric Scheduled Caste Balak Chhatrawas, Chhura, Block-Chhura, District Gariyaband R/o- Ward No. 03, Village Belarbahara, Block- Nagri, District- Dhamtari (C.G.) 3 - Bhagwan Das Kurre, S/o- Late Shri Punit Ram Kurre Aged About 49 Years At Present Daily Wages Employee In Pre Matric Scheduled Caste Balak Chhatrawas, Chhura, Block-Chhura, District Gariyaband, R/o- Mamuli Para, Village And Block Chhura District- Gariyaband (C.G.) 4 - Geetam Kumar Tandan S/o- Late Shri Ramji Tandan Aged About 34 Years At Present Daily Wages Employee In Pre Matric Aadivasi Balak Chhatrawas, Akalwara, Block-Chhura, District Gariyaband, R/o-Village Loharsi, Block-Rajim, District- Gariyaband (C.G.) ---Petitioners Versus 1 - State Of Chhattisgarh Through The Secretary, Tribal And Schedule Caste Development Department, Mahanadi Bhawan, Atal Nagar Nava Raipur, District- Raipur (C.G.) 2 - The Commissioner Tribal And Schedule Caste Development Department, Directorate, Block-4 D, Ground Floor, Indravati Bhawan, Nava Raipur, Atal Nagar, Raipur, District- Raipur (C.G.) 3 - The Collector, District- Gariyaband (C.G.) 3 4 - The Assistant Commissioner, Tribal And Schedure Caste Development Department, District- Gariyaband (C.G.) --- Respondents WPS No. 5972 of 2026 1 - Kanti Lal Diwan S/o Shri Bhan Singh Diwan Aged About 56 Years At Present Daily Wages Employee In Aadivasi Balak Chhatrawas Fulkarra, Block And Distt. Gariyaband, R/o Gaura Chowk, Village Bhujiyamuda, Block And Distt. Gariyaband, Chhattisgarh. 2 - Dhaneshwar Singh Netam S/o Shri Khem Singh Netam Aged About 45 Years At Present Daily Wages Employee In Aadivasi Balak Aashram Tewari, Block And Distt. Gariyaband, R/o Village Chingarmal, Ruwad, Block And Distt. Gariyaband, Chhattisgarh. 3 - Bideshwar Ram Dhruw S/o Shri Punit Ram Dhruw Aged About 50 Years At Present Daily Wages Employee In Aadivasi Balak Aashram Torenga, Block Chhura, Distt. Gariyaband, R/o Village Ghatkarra, Ruwad, Block Chhura, Distt. Gariyaband, Chhattisgarh. 4 - Bharat Ram Ghore S/o Shri Rainu Ram Dhruw Aged About 33 Years At Present Daily Wages Employee In Aadivasi Balak Aashram Torenga, Block Chhura, Distt. Gariyaband, R/o Village Loharsi, Block Rajim, Distt. Gariyaband, Chhattisgarh. ---Petitioners Versus 1 - State Of Chhattisgarh Through The Secretary, Tribal And Schedule Caste Development Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh. 2 - The Commissioner Tribal And Schedule Caste Development Department, Directorate, Block 4 D, Ground Floor, Indravati Bhawan, Nava Raipur, Atal Nagar, Raipur, Distt. Raipur, Chhattisgarh. 3 - The Collector District Gariyaband, Chhattisgarh. 4 - The Assistant Commissioner Tribal And Schedule Caste Development Department, Distt. Gariyaband, Chhattisgarh. Respondents 4 (Cause title taken from CIS) For respective Petitioners : Mr. J.N. Nande, Advocate For State : Mr. Shahil Singh, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 06/08/2026 1. By these present petitions, the petitioners are seeking a direction towards the respondent authority to regularize the services of the petitioners on their respective posts, pursuant to the circular dated 05.03.2008 from the date when the similarly situated persons have been regularized and also by the orders of regularization issued by the respondent No.4 dated 28/02/2022 & 18/10/2024. 2. Case of the petitioners, in brief, is that the petitioners are presently working on their respective posts in department of respondent as daily wager and have completed more than 16 years in their services. The petitioners are having all the requisite qualifications for holding the said post. The petitioners submitted their detailed representation to the respondent authorities for considering their case for regular appointment. 3. Learned counsel for the petitioners 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. The petitioners are a daily wager since long. Learned counsel further submits that by the orders of regularization dated 28/02/2022 and 18/10/2024, issued by the respondent No.4, the 5 similar situated employees have been regularized and as per the same, the petitioners also seeking for regularization in their respective services. In support of his contention, learned counsel has relied on the judgment passed by this Court in the matter of Manoj Kumar Nirmalkar v. State of Chhattisgarh1 4. Per Contra, learned counsel for the respondents/State would oppose the contention of the counsel for the petitioners. 5. I have heard learned counsel for the parties and perused the material available on record. 6. The Hon'ble Apex Court in the matter of Narendra Kumar Tiwari and Others v. The State of Jharkhand and Others2 held in para 11 as under: "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 petitions are allowed. The respondent authorities are directed to inspect the records of others similarly situated employees when 1 WPS No. 4293 of 2012 (decided on 10/02/2023 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018) 6 their services were regularized in the year 2022 & 2024. If the case of the petitioners are also found to be similar to those daily wagers whose services were regularized, their services be also regularized from the same date. It is also directed that all this exercise be completed within a period of 90 days from the date of receipt of copy of this order. SD/- (Bibhu Datta Guru) Judge Amardeep