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2026 DAILYLAW 8904 (CHH)

ISHWAR DAS MANIKPURI v. STATE OF CHHATTISGARH

WPS/840/2026 · 2026-01-26

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 2026:CGHC:4345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 840 of 2026 • Ishwar Das Manikpuri S/o Late Sarthi Das Manikpuri Aged About 55 Years Posted As Helper (Daily Wages), Office Of Sub-Divisional Officer (E/m) (R And R) Sub-Division Darri, District Korba, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through Its Secretary Water Resource Department Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2. Engineer In Chief Water Resource Department Shivnath Bhawan Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 3. Chief Engineer Hasdev Basin Water Resource Department Bilaspur District Bilaspur Chhattisgarh 4. Executive Engineer (E/m) Minimata Bango, Machadoli Division Katghora District Korba Chhattisgarh 5. Sub-Divisional Officer Hadev (E/m) (R And R) Sub-Division Darri District Korba Chhattisgarh ... Respondents For Petitioner : Ms. Zainab Vanak, Advocate For Respondent-State : Ms. Anuja Sharma, Dy. Govt. Adv. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 27/01/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 Kindly direct the respondents State department of Water Resource to consider the cases of the petitioners for regularization on the post of Helper as per memo dated 05.03.2008. 10.2 Kindly make any other order that may be deemed fit and just in the facts and PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 circumstances of the case including awarding of the costs to the petitioner.” 2. Learned counsel for petitioner submits that the petitioner is appointed as Helper on daily wage basis on 01.02.1990. Petitioner was disengaged. He was reinstated in the service on 24.12.2002 and since then, petitioner is continuously working on the said post on daily wage basis and as of now petitioner has completed more than 24 years on daily wage basis. He contended that in view of the law laid down by the Hon’ble Supreme Court, petitioner is entitled for his consideration for regularization on the post, on which, he is working since last more than about 24 years. He submits that this Court in many writ petitions has permitted petitioners therein to submit representation for consideration of their claim for regularization in service looking to the long period of service of more than 10 years and therefore petitioner may also be permitted to submit representation before the authority with a prayer of his regularization in service and the concerned 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 seeking regularization in service, she 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 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 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. 5. 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 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 four months from the date of receipt of representation, keeping in mind the decisions of Hon’ble Supreme Court referred above. 6. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) pwn JUDGE