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2026 DAILYLAW 34935 (CHH)

MANOJ KUMAR VERMA v. STATE OF CHHATTISGARH

WPS/6542/2026 · 2026-09-06

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010336752026 2026:CGHC:39184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6542 of 2026 1 - Manoj Kumar Verma S/o Late Bhopal Verma Aged About 46 Years Posted As Daily Wager (Chowkidar / Care Taker) And Posted At Government Child Observation Home Under District Programme Officer, Women And Child Development Department Durg District Durg C. G. ... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary Women And Child Development Department Mantralaya, Mahanadi Bhawan Atal Nagar Nawa, Raipur District Raipur C. G. 2 - Director Directorate Of Women And Child Development Department, Indrawati, Bhawan Atal Nagar Nawa, Raipur District Raipur C. G. 3 - Collector Durg District Durg C. G. 4 - District Programme Officer, Women And Child Development Department Durg, District Durg C. G. Respondents (Cause title taken from CIS) For Petitioner : Mr. Praveen Dhurandhar, Advocate For State : Mr. Shahil Singh, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 07/09/2026 1. By the present petition, the petitioner has prayed for following reliefs:- AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.09.09 10:54:28 +0530 2 “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to consider the claim of petitioner for regularization in the service on the post of Chowkidar/Peon over which the petitioner has served for 17 years as daily wager employee. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to take decision over the representation of petitioner dated 10-06-2026 (Annexure P-6) within stipulated period of time. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate. ” 2. Learned counsel for the petitioner would submit that the petitioner has been working under the respondent No.4 on the post of Chowkidar/Care Taker, as daily wager and have completed more than 17 years in his service. The petitioner is having all the requisite qualifications for holding the said post. The petitioner submitted his detailed representation to the respondent authorities for considering his case for regularization, vide Annexure P-6 dated 10/06/2026, but the same has not been decided till date. Learned counsel further submit that the Hon’ble Supreme Court in the matter of Narendra Kumar Tiwari and Others v. The State of Jharkhand and Others1,has dealt with the issue of regularization of daily-rated employees. 3. Learned counsel for the respondents/State would submit that if the representation submitted by the petitioner is still pending, the 1 Civil Appeal Nos. 7423-7429 of 2018 3 same shall be considered and decided within a period of 60 days. 4. I have heard learned counsel for the parties and perused the material available on record. 5. The Hon'ble Apex Court in the matter of Narendra Kumar Tiwari (Supra) 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." 6. Considering the fact that the petitioner has been working since 2009 and is still continuing in service, this Court is of the considered opinion that his claim for regularization requires reconsideration in the light of the law laid down by the Hon'ble Supreme Court in Narendra Kumar Tiwari (supra). 7. Having regard to the facts and circumstances of the case and the principles of law laid down by the Hon'ble Supreme Court in the matter of Narendra Kumar Tiwari (supra), this petition is disposed of with a direction to respondents authorities to consider and decide the petitioner's representation (Annexure P- 6) dated 10/06/2026 for regularization in the light of the aforesaid judgment of the Hon’ble Supreme Court and pass a reasoned 4 order in accordance with law within a period of 90 days from the date of receipt of a copy of this order. SD/- (Bibhu Datta Guru) Judge Amardeep