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2026 DAILYLAW 37949 (CHH)

DEEPAK YADAV v. STATE OF CHHATTISGARH

WPS/13686/2025 · 2026-09-28

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010507812025 2026:CGHC:42335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13686 of 2025 1 - Deepak Yadav S/o Kartik Ram Yadav Aged About 44 Years R/o House No. 51 / 1517, Sudhir Mukharji Ward No. 65, Lakhe Nagar, Gandhi Nagar, District : Raipur, Chhattisgarh 2 - Purushottam Lal Sahu S/o Thanwar Singh Sahu Aged About 43 Years Bhansoj, Sub District Arang, District : Raipur, Chhattisgarh 3 - Amila Mirza W/o Sheikh Aziz Aged About 39 Years R/o Ghasiram Bagh, Ward No. 8, Paratarai Road, Dharsiva, District : Raipur, Chhattisgarh 4 - Yogita Mishra D/o K. N. Mishra Aged About 36 Years Sector-2, Geetanjali Nagar, Shankar Nagar Ward No. 28, District : Raipur, Chhattisgarh 5 - Dev Kumar Sahu S/o Nanku Ram Sahu Aged About 36 Years R/o H. No. 2828, Near Jhulelal Dham, Old Rajendra Nagar, District : Raipur, Chhattisgarh 6 - Yuvraj Yadav S/o Siyaram Yadav Aged About 31 Years R/o Ward No. 11 Subhash Chowk, Birkoni, District : Mahasamund, Chhattisgarh 7 - Gowardhan Yadav S/o Anjori Ram Aged About 40 Years R/o 209, Bhatagaon, Sarekhi, Gunderdehi, District : Balod, Chhattisgarh 8 - Chhatrapal Singh S/o Chova Ram Aged About 39 Years R/o 15, Bhotipar, Barbaspur, District : Balod, Chhattisgarh 9 - Rajesh Ghritlahre S/o Johan Ghritlahre Aged About 38 Years R/o Mil Chowk, Ward No. 2, Khauna, Tilda, District : Raipur, Chhattisgarh AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.09.29 17:29:19 +0530 2 10 - Prashant Yadav S/o Shankar Yadav Aged About 32 Years R/o Near Shyam Nagar I T I, Shyam Nagar, District : Raipur, Chhattisgarh 11 - Arun Kumar Meshram S/o Uday Lal Meshram Aged About 49 Years R/o Mamta Nagar, Ward No. 17, Behind Raj Electronics, District : Rajnandgaon, Chhattisgarh 12 - Pokhan Lal Nishad S/o Krishna Nishad Aged About 39 Years R/o Village Paragaon-1, Paragaon, District : Raipur, Chhattisgarh 13 - Chakesh Kumbhakar S/o Shyamlal Kumbhakar Aged About 32 Years R/o Village Paragaon-1, District : Raipur, Chhattisgarh 14 - Ajay Kumar Sahu S/o Jhadi Ram Sahu Aged About 34 Years R/o Mamta Nivas, Adarsh Nagar, Kushalpur, Raipur, District : Raipur, Chhattisgarh 15 - Dropdi Baghel W/o Tulsiram Baghel Aged About 43 Years R/o Near Satnam Bhawan, Khamtarai, District : Raipur, Chhattisgarh 16 - Sujit Ghamforiya S/o Kishore Ghamforiya Gahine Aged About 32 Years R/o Geeta Nagar, Bhanpuri, Dharsiva, District : Raipur, Chhattisgarh 17 - Loknath Sahu S/o Khelu Ram Sahu Aged About 28 Years R/o Naharpara, Ward No. 9, Kurud, District : Dhamtari, Chhattisgarh 18 - Nilam Manhar S/o Khorbahara Manhar Aged About 50 Years R/o 31, Chicha, Devra, District : Durg, Chhattisgarh 19 - Amrita Sao D/o Raju Aged About 28 Years R/o Ward No. 01 Aurda, Raigarh, Chhattisgarh 20 - Chandan Singh Bisai S/o Neelandhar Bisai Aged About 38 Years Bajar Para, Muli Village, Bastar, Chhattisgarh 494222 ... Petitioners versus 1 - State Of Chhattisgarh Through - The Secretary, Health And Family Welfare And Medical Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 3 2 - Director General Sickle Cell Institute Chhattisgarh, Devendra Nagar Chowk, Railway Station Road, District : Raipur, Chhattisgarh 3 - Commissioner Medical Education, North Block, Sector-19, Swasthya Bhawan, 2nd Floor, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh 4 - Finance Department Thorugh Additional Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh ... Respondents For Petitioners : Mr. Akash Kumar Kuhdu, Advocate. For Respondents/State : Mr. Suyashdhar Badgaiyan, G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 29/09/2026 1. By the present writ petition, the petitioners have prayed for following reliefs:- “10.1) This Hon'ble Court may kindly be pleased to allow this petition and respondents to forthwith release honor labor amount ( श्रम सम्मन राशी ) of Rs.4000/-(Four thousands) per month with arrears since issuance of order dated 23.08.2023 (Annexure P/1) to the petitioners along with interest. 10.2) Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioners, in the interest of justice.” 2. Learned counsel for the petitioners submits that the petitioners are Contingent Employees (Collector Rate) working for several years under Respondent No. 2 against sanctioned Class-IV 4 posts. They are being paid fixed wages at Collector Rates. Learned counsel submits that the petitioners have continuously worked against sanctioned posts, although no regular recruitment has been undertaken against such posts since the creation of the State of Chhattisgarh. He submits that the Finance Department, Government of Chhattisgarh, vide order dated 28.08.2023 (Annexure P/1), directed payment of Labour Honour Amount ( श्रम सम्मन राशिशी) of Rs. 4,000/- to eligible unskilled, semi-skilled, skilled and highly skilled daily/monthly wage workers and the present petitioners are covered by the said order. Despite departmental communications directing implementation of the aforesaid order, the respondents have failed to extend the benefit to the petitioners, whereas similarly situated workers in other departments have been paid the said amount. Learned counsel further submits that the petitioners have also submitted representations seeking the said benefit, but no effective decision has been taken thereon. 3. On the last date of hearing, this Court directed the State to file an affidavit clarifying whether the petitioners, who are claiming the benefit of Shram Samman Rashi pursuant to the Circular dated 28.08.2023, are working against sanctioned posts or not. 4. The State has filed its affidavit, wherein it has categorically stated in paragraph 4 that the petitioners are working against sanctioned posts, which reads thus:- 5 “4. It is humbly submitted that there was paucity of Class - IV employees and on account of the same, the daily office work of Sickle Cell Institute and OPD was getting affected. Therefore, looking to the same, the petitioners were kept as daily wagers on Collectorate rate purely on temporary basis without following the recruitment mode. The posts against which petitioners are working are sanctioned in structure. These are posts of Clerk cum Computer Operator, Lab. Assistant, Driver (Heavy Vehicle), Sweeper (Health Worker), Peon and Lab. Attendant. But recruitment of the petitioners has been done without issuing any open advertisement / recruitment procedure and without following the reservation roster. Thus, the petitioners have been kept purely on temporary basis as per the requirement of work as the petitioners had submitted their applications to work in Sickle Cell Institute on Collectorate rate. Copies of applications made by the petitioners as well as note-sheet dated 01/04/2020, issued by the Office of the Director General, Sickle Cell Institute Chhattisgarh, Raipur are collectively being filed herewith as ANNEXURE A-1.” 5. Learned counsel for the State submits that the petitioners' recruitment is temporary in nature. However, from the affidavit, it appears that the petitioners are working against sanctioned 6 posts and have been assigned duties of various Class-III posts on a daily-rated basis under respondent No. 2 as per work requirement. 6. On perusal of Annexure P-1, the circular on the basis of which the petitioners are seeking Shram Samman Rashi provides that daily-rated employees working against sanctioned posts are entitled to the benefit of Shram Samman Rashi as prescribed under the circular dated 28.08.2023. In the affidavit, it has been stated that the petitioners have been recruited against sanctioned posts, though their appointment is temporary in nature. The circular, however, provides that employees working against sanctioned posts are entitled to the same. 7. Accordingly, the writ petition is allowed. The respondents are directed to extend the benefit of Shram Samman Rashi to the petitioners, who are daily-rated employees working against sanctioned posts under respondent No.2, in terms of the circular dated 28.08.2023 within a period of 45 days from the date of receipt of a copy of this order. SD/- (Bibhu Datta Guru) Judge Amardeep