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2026 DAILYLAW 34884 (CHH)

MOHAN TANDI v. STATE OF CHHATTISGARH

WPS/6531/2026 · 2026-09-06

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010332532026 2026:CGHC:39161 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6531 of 2026 Mohan Tandi S/o Kapur Tandi Aged About 43 Years R/o Rajendra Nagar Sudhi Mata Mandir, Civil Line Raipur District Raipur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Public Work Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh. 2 - Chief Engineer P.W.D., Nirman Bhawan, North Block, Sector - 19, Nawa Raipur District Raipur (C.G.), Atal Nagar District Raipur (C.G.) 3 - Executive Engineer P.W.D., Nawa Raipur District Raipur (C.G.), Atal Nagar District Raipur (C.G.) 4 - Sub Divisional Officer P.W.D., Raipur District Raipur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. K.P.S. Gandhi, Advocate For Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Bibhu Datta Guru , Judge SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.09.08 11:15:52 +0530 2 Order on Board 07.09.2026 1. This petition has been preferred by the petitioner seeking following reliefs:- "10.1 The Hon'ble Court may kindly be pleased to direct Respondents to consider Petitioner regarding regularization on the post of in pursuance of order of Hon'ble Supreme Court in case of Narendra Kumar Tiwari and other and Jaggo V/s Union of India. 10.2 The Hon'ble Court may kindly be pleased to directed Respondents to consider the case of Petitioner for regularization taking into account of seniority. 10.3 The Hon'ble Court may kindly be pleased to direct Respondents to consider presentation of Petitioner regarding regularization on the post in pursuance of subsequent circulars. 10.4 That the cost of the Petition be granted." 2. Learned counsel for the petitioner submits that the petitioner was appointed as Daily Wager under the respondent department and he is working continuously on the said post. However, despite having completed more than 18 years of service, he has not been 3 regularized. Therefore, he submits that the petitioner may be permitted to submit a representation before the concerned authority and direction be issued to consider the same, expeditiously, within specified time frame. 3. Learned counsel for the State submits that she is having no objection to the limited prayer made by the learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the documents available on record. 5. Considered the submissions of counsel for the parties. Claim as raised by the petitioner in this writ petition is that he is continuously engaged as daily wage employee under the respondent Department. 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 4 labour standards but also exposes the organization to legal challenges and undermines employee morale. 6. In view of the above facts of the case and decisions of Hon'ble Supreme Court, this writ petition is disposed of at this stage, permitting the petitioner to submit fresh comprehensive representation before the concerned authority, 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. 7. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Bibhu Datta Guru) Judge $. Bhilwar