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2026 DAILYLAW 31979 (CHH)

DEVISHANKAR SAINI v. STATE OF CHHATTISGARH

WPS/2415/2018 · 2026-08-20

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010083172018 2026:CGHC:37672 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2350 of 2018 1 - Ramlakhan Patel S/o Teerath Patel Aged About 44 Years R/o Ward No. 13, Geedam District Dantewada Chhattisgarh., District : Dantewada, Chhattisgarh 2 - Mahesh Sharma S/o Late Banshilal Sharma Aged About 43 Years R/o Purana I T I Geedam , District Dantewada Chhattisgarh., District : Dantewada, Chhattisgarh --- Petitioners versus 1 - State Of Chhattisgarh Through Secretary Department Of Urban Administration And Development Mahanadi Bhawan Mantralaya Capital Complex Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Director , Urban Administration And Development Directorate Indrawati Bhawan New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Joint Director, Urban Administration And Development Regional Office Bastar Division Jagdalpur District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 4 - Nagar Panchayat Geedam , Through Its Chief Municipal Officer Nagar Panchayat Geedam District South Bastar Dantewada Chhattisgarh., District : Dantewada, Chhattisgarh 5 - Chief Municipal Officer , Nagar Panchayat Geedam District South Bastar Dantewada Chhattisgarh., District : Dantewada, Chhattisgarh --- Respondent(s) WPS No. 2415 of 2018 1 - Devishankar Saini S/o S/o Vijayshankar Saini Aged About 29 Years R/o Ward No. 7, Geedam, District- Dantewada, Chhattisgarh., District : Dantewada, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban -2- Administration And Development, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Director, Urban Administration And Development, Directorate Indrawati Bhawan, New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Joint Director, Urban Administration And Development, Regional Office Bastar, Division Jagdalpur, District- Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 4 - Nagar Panchayat, Geedam, Through Its Chief Municipal Officer, Nagar Panchayat Geedam, District- South Bastar Dantewada, Chhattisgarh., District : Dantewada, Chhattisgarh 5 - Chief Municipal Officer, Nagar Panchayat Geedam, District- South Bastar Dantewada, Chhattisgarh., District : Dantewada, Chhattisgarh ---- Respondents For Petitioners : Ms. Apoorva Ghore, Advocate holding the brief of Ms. Priyanka Mehta, Advocate For State : Mr. Amandeep Singh, Panel Lawyer For Respondent No.4&5 : Mr. Shikhar Shukla, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21.08.2026 1. Heard. 2. In these petitions, the petitioners have prayed for the following relief(s): “1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders, directing the respondents to consider the case of the petitioner for regularization on the respective post and the Director Urban Administration may kindly be directed to take a final decision in the matter within a stipulated period. 2] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. Ms. Ghore, learned counsel appearing for the petitioners would 3 submit that the petitioners were appointed as daily-rated employees under respondent Nos.4 and 5 in the years 2003 and 2008, respectively. She would further submit that though the petitioners have completed more than 20 years of service, their claim with regard to regularization has not been considered. She would contend that the Chief Municipal Officer, Nagar Panchayat, Geedam, in its general body meeting held on 08.03.2016, passed a resolution regarding regularization of daily-wage employees and forwarded the proposal to the Director, Urban Administration, Raipur, on 24.06.2016, but till date, no decision has been taken. She would further contend that a direction may be issued to the concerned authority to decide the claim of the petitioners expeditiously. 4. On the other hand, learned Advocates appearing for the respondents would oppose the submissions. They would submit that the petitioners were appointed after the cut-off date, i.e., 31.12.1997, and, therefore, they have no right to claim regularization in terms of Circular dated 05.03.2008. They would contend that both the petitions deserve to be dismissed. 5. Heard learned counsel appearing for the parties and perused the documents placed on record. 6. Having considered the fact that the Chief Municipal Officer, Nagar Panchayat, Geedam, in its general body meeting held on 08.03.2016, passed a resolution regarding regularization of daily- wage employees and the matter has been referred to the State -4- Government to take an appropriate decision, but till date, no decision has been taken, therefore, at this stage, these petitions are disposed of with a direction to respondent No.2/Director, Urban Administration and Development Directorate, Raipur to take a decision on the recommendation/resolution passed by the Chief Municipal Officer, Nagar Panchayat Geedam on 24.06.2016, expeditiously, preferably within a period of 90 days from the date of receipt of a copy of this order. 7.With the aforesaid observation(s)/direction(s), these petitions are disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha