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2026 DAILYLAW 37535 (CHH)

TULSI RAM YADAV v. STATE OF CHHATTISGARH

WPS/1552/2026 · 2026-09-27

Shri Bibhu Datta Guru

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010047942026 2026:CGHC:42223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1552 of 2026 Tulsi Ram Yadav S/o Late Shri Kajauwa Ram Yadav, Aged About 39 Years Working To The Post Of Driver As A Daily Wager At Krishi Upaj Mandi Samiti, Mungeli, R/o Village Raitrakala, Post Kosamtara, Tahsil Lormi, District Mungeli (C.G.) Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Agriculture And Bio Technology Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur (C.G.) 2 - Chhattisgarh State Agriculture Marketing Board Through Its Managing Director, Chhattisgarh State Agriculture Marketing Board, Bij Bhawan, Ge Road, Telibandha Road, District Raipur Chhattisgarh 492006 3 - Secretary/ Sachiv, Krishi Upaj Mandi Samiti, Mungeli, District Mungeli C.G. Respondent(s) (Cause-title taken from CIS) For Petitioner(s) : Mr. K.P.S. Gandhi, Advocate For Resp/State : Ms. Sakshi Bajpai, PL For Resp. No. 2 & 3 : Mr. Navoday Singh, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 28/09/2026 1. The instant petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:- RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.09.29 16:54:26 +0530 2 “10.1 The Hon'ble Court may kindly be pleased to direct Respondents regularization on the post of Driver in pursuance of order of Hon'ble Supreme Court in case of Narendra Kumar Tiwari and other and Jaggo V/s Union of India. consider Petitioner regarding 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 is appointed as Daily Wager Driver with the respondents. Since, the initial engagement, petitioner is continuously working on the said post on daily wage basis and as of now petitioner has completed above 20 years on daily wage basis. He further contended that in view of the law laid down by the Hon'ble Supreme Court, petitioner is also entitled for his consideration for regularization on the post, on which, he is working since last more than about 20 years. 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 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 submissions made by learned counsel for the parties and having regard to the nature of the claim raised by the petitioner in 3 the present writ petition, it appears that the petitioner has been continuously engaged as a Daily Wager Driver since 2006. The Hon'ble Supreme Court, in Narendra Kumar Tiwari & Others v. State of Jharkhand & Others, reported in SCC (L&S) 2018 (2) 472, has considered the case of temporary/daily-wage employees who had completed ten years of service for the purpose of regularization. Further, the Hon'ble Supreme Court, in Jaggo v. Union of India, reported in (2024) SCC OnLine SC 3826, has observed that Government departments are expected to lead by example in providing fair and stable employment and that engaging workers on a temporary basis for extended periods, particularly where their roles are integral to the functioning of the organization, may give rise to legal challenges, without entering into the merits of the claim of the petitioner, the present writ petition is disposed of at this stage, permitting the petitioner to submit a comprehensive representation before the concerned respondents. In case such representation is submitted, the concerned authority shall consider the same and take a decision thereon, in accordance with law, expeditiously, preferably within a period of four months from the date of receipt of the representation. 5. With the aforesaid observation and direction, this writ petition stands disposed of. 6. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul