2026:CGHC:7267 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3221 of 2025

1 - Temal Singh Markam S/o Shri Gadarai Markam Aged About 61 Years Occupation Service, Presently Posted As Roller Helper, Rural Engineering Services, Division Janjgir, District- Janjgir-Champa (C.G.)

... Petitioner Versus

1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar District-

Raipur (C.G.)

2 - Chief Engineer Panchayat And Rural Development, Vikas Bhawan, Civil Lines, District- Raipur (C.G.)

3 - Superintendent Engineer Rural Engineering Services, Janjgir, District- Janjgir-

Champa (C.G.)

4 - Executive Engineer Rural Engineering Services, Division Janjgir, District- Janjgir-

Champa (C.G.)

5 - Sub Divisional Officer Rural Engineering Services, Sub Division Janjgir, District-

Janjgir-Champa (C.G.)

... Respondents For Petitioner : Mr. Sourabh Sahu, Advocate For Respondents/State : Mr. Rishab Bisen, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

23/0 1/2026

1. Facts of the case in brief are that the petitioner was initially appointed on

01.07.1988 as daily-wage employee by the Sub-Divisional Officer (Revenue), Akaltara, District – Janjgir – Champa on the post of Roller Helper. Since, the date of his initial appointment, petitioner is continously working on the post of Roller Helper and has performed all his duties assigned to him with sincerity and to the satisfaction of authorities. He contended that even after completion of about 37 years of service, petitioner is not being regularized and is still working as daily-wage employee and therefore, this writ petition is filed seeking following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents to regularize the petitioner and grant him regular pay scale considering his length of service.

10.2 That, this Hon'ble Court may kindly be pleased to driect the respondents to pay the arrears of the difference of pay scale to the petitioner.

10.3 Any other relief, which Hon’ble Court may deem fit be granted to the petitioners in the interest of justice.”

2. Learned counsel for the petitioner submits that the petitioner since the date of his initial appointment i.e. 01.07.1988 is continuously working as daily-wage employee. Some of the similarly situated employees who were also appointed prior to 31.12.1997 were regularized by the respondents on 08.09.2009, however, the petitioner was not given that benefit and thereby, the act of the respondent is discriminatory. It is further contention of the counsel for the petitioner that the General Administration Department, State of Chhattisgarh have issued circular dated 05.03.2008 in the light of the decision of Hon’ble Supreme Court in case of Secretary, State of Karnataka and Others v. Umadevi and Others reported in (2006) 4 SCC 1 for regularization of the daily-wage employee/temporary employees working in different departments of the State of Chhattisgarh. Thousands of employees working in different departments like petitioner were regularized in service, however, at that time also, petitioner’s name was not considered for his regularization in service.

3. It is further contention of learned counsel for petitioner that the Executive Engineer, Rural Engineering Services, Janjgir Division, District – Janjgir – Champa had prepared details of the petitioner and forwarded it to the Superintendent Engineer (RES), Division Bilaspur on 03.10.2020 mentioning the date of engagement of the petitioner since 01.07.1988 as daily-wage employee and it further mentions that the petitioner is continuously working because, he is committed to the work. The said exercise was initiated by the Executive Engineer for the purpose of regularization of service of the petitioner. It is also contention of counsel for the petitioner that the petitioner has already passed Class V examination in the year 2009 which is appearing from the letter written by the petit