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2026 DAILYLAW 4971 (CHH)

JITENDRA NISHAD v. STATE OF CHHATTISGARH

WPS/1563/2026 · 2026-02-12

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:8003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1563 of 2026 1 - Jitendra Nishad S/o Late Shri Hannulal Nishad, Aged About 42 Years R/o Village Chikhli (Kurumbhatha), Post Malgaon, Tahsil And Police Station Gariaband, District Gariaband C.G., Presently Working As Daily Wages Skilled Worker, Assistant Clerk Udanti-Sitanadi Tiger Reserve, Gariaband C.G. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Forest And Environment Department, Mahanadi Bhawan, Nava Raipur C.G. 2 - Principal Chief Conservator Of Forests, Forest Department, Chhattisgarh, Nava Raipur, Atal Nagar Raipur C.G. 3 - Chief Conservator Of Forests-Cum Deputy Director Udanti-Sitanadi Tiger Reserve, District Gariaband C.G. 4 - Divisional Forest Officer Forest Division Gariaband, District Gariaband C.G. --- Respondent(s) For Petitioner : Mr. Shivam Mishra, Advocate For Respondent-State : Ms. Shailja Shukla, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 13/02/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, Hon’ble Court may kindly call for record in so far the document related to the petitionermatter. 10.2 That, this Hon'ble Court may kindly be pleased to direct Respondent Authorities to consider the claim of petitioner for regularization, expeditiously adopting humanitarian approach, sympathetically, considering that the petitioner while continuing service has BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2026.02.17 11:07:22 +0530 2 crossed maximum age as prescribed under the Service rules of the Government. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petitioner may be given. 2. Learned counsel for petitioner submits that petitioner is appointed on Daily Wage basis in the year 2002 and since then he is continuously working in the Forest Department under the respondents authorities. Since, the initial engagement, petitioner is continuously working on the said post on daily wage basis to the satisfaction of the authorities and as of now petitioner has completed more than 24 years as daily wage employee. He further contended that in view of his long engagement in service, petitioner is also entitled for regularization of service on the post, on which, he is working since last more than about 24 years. He, however, submits that at this stage he may be permitted to submit a fresh representation before the authorities and in turn they 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 is only seeking permission to submit representation to be considered by authorities, he is having no objection to the limited prayer. 4. Considered the submission 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 since 2002. 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 regularization of temporary/daily wages employees, who had 3 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 labour standards but also exposes the organization to legal challenges and undermines employee morale. This writ petition at this stage is disposed permitting the petitioner to submit comprehensive representation before the respondents No. 2 to 4, 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. 5. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) JUDGE Balram