VINDESHWARI PRASAD KUSHWAHA v. STATE OF CHHATTISGARH
WPS/1612/2026 · 2026-02-15
Shri Parth Prateem Sahu
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5057 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5057 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 / 3
2026:CGHC:8278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No.
1612
of 2026
• Vindeshwari Prasad Kushwaha S/o Late Shri Ram Ujagar Kushwaha, Aged About 38 Years Presently Working As Office Assistant (Daily Wager) Office Of Deputy Director, Horticulture, Ambikapur, District- Surguja (C.G.) R/o Ramanujganj Naka Govt. Garden Nursery Campus, Ambikapur, District- Surguja (C.G.)
... Petitioner versus
1. State Of Chhattisgarh Through Its Secretary, Department Of Agriculture, Capital Complex, Atal Nagar, Raipur, District- Raipur Chhattisgarh.
2. Director, Horticulture Indrawati Bhawan, Second Floor, Atal Nagar, Raipur, District- Raipur Chhattisgarh.
3. Deputy Director, Horticulture, Ambikapur, District- Surguja (C.G.) ... Respondents For Petitioner : Mr. Shubham Dwivedi, Advocate For Respondent-State : Mr. Abhishek Singh, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 16/02/2026
1. Petitioner has filed this writ petition seeking following reliefs.
“10.1 The Hon’ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner from the possession of the respondent authorities for its kind perusal, in the interest of justice. 10.2 This Hon’ble Court may kindly be pleased to issue an appropriate writ/ order directing the respondents to regularize the services of the petitioner from the date when similarly situated employees have been regularized, with all consequential benefits, in the interest of justice. 10.3 This Hon’ble Court may kindly be pleased to direct the respondent authorities to PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA Date: 2026.02.16 17:43:51 +0530
2 / 3 decide the petitioner’s representation dated 05.01.2026 in the light of law laid down by Hon’ble Supreme Court and this Hon’ble Court and prevailing circulars, within a time-bound period. 10.4 This Hon’ble Court may kindly be pleased to grant any other writ/order/relief in favour of petitioner, which the Hon’ble Court may deemed fit and just in the facts and circumstance of the case, including awarding of the cost to the petitioner.”
2.
Learned counsel for petitioner submits that the petitioner is appointed as Office Assistant on daily wage basis. Since, the initial engagement, petitioner is continuously working on the said post on daily wage basis and as of now petitioner has completed about 19 years on daily wage basis. He further contended that in view of his long engagement in service, petitioner is also entitled for his consideration to be regularized on the post, on which, he is working since last more than about 18 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 is 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 submission of counsel for the parties, considering the nature of the claim as raised by the petitioner in this writ petition, he is continuously engaged as daily wage employee since 2006. Hon’ble Supreme Court in case of Narendra Kumar Tiwari & Others Versus State of Jharkhand & Others reported in SCC (L&S) 2018 (2) 472 for considering the temporary/daily wages employees, who had completed 10 years of service for regularization. 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
3 / 3 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. Without entering into merit of the claim of the petitioner, this writ petition is disposed at this stage, permitting the petitioner to submit comprehensive representation before the respondents No. 2 & 3, 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) pwn
JUDGE