Digitally signed by 2026:CGHC:1034 SHAYNA KADRI AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8597 of 2023

1 - Punaram Sahu S/o Late Govind Sahu Aged About 64 Years R/o Haldi, Ward No. 51, Post Office Mohara, Police Station Lalbagh, Tahsil And District Rajnandgaon (C.G.)

... Petitioner versus

1 - State Of Chhattisgarh Through The Collector, District Rajnandgaon (C.G.)

2 - Chief Executive Officer Janpad Panchayat, Rajnandgaon (C.G.)

... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. J. K. Gupta, Advocate For State : Mr. Hariom Rai, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

07/01/2026

1. The petitioner has filed this writ petition seeking following reliefs :-

“10.1- That the Hon'ble Court may be kind enough to call the record of the petitioner.

10.2- That the Hon'ble Court may be kind enough to issue a writ of mandamus and to command the respondents to comply the circular dated

05.03.2008.

10.3- That the Hon'ble Court may be kind enough to grant regularization to the petitioner from 13- 8-2008 till the date of retirement 30.06.2021 and to direct the respondents to pay the regular pay scale to the petitioner from 13-8-

2008 till the age of 62 years i.e. 30.06.2021.

10.4- That the Hon'ble Court may be kind enough to direct the respondents to pay the gratuity and pension with interest.

10.5- That the Hon'ble Court may be kind enough to pass any appropriate writ, order or direction in the circumstances of the case.”

2. Facts of the case, as projected in the writ petition, are that, the petitioner was initially engaged by the respondent Department as a daily-wage Tractor Driver prior to 31.08.1987. The petitioner has been in continuous service under respondent No. 2 since his initial engagement and has been discharging his duties diligently and without interruption. His salary has regularly been paid by the respondents and credited into his bank account, thereby acknowledging the continuity and subsistence of his service. Subsequently, vide order dated 31.08.1987, the post of Tractor Driver held by the petitioner was abolished. However, without any break in service, respondent No. 2 appointed the petitioner on casual/contingency wages with effect from 01.09.1987 and assigned him duties as a Vehicle Driver. Thereafter, the petitioner continued to perform duties of driving departmental vehicles, including LMV vehicles, and was formally assigned such duties vide order dated 03.11.2007. Thus, from 01.09.1987 till his date of superannuation on 30.06.2021, the petitioner continuously worked as a Driver under the respondent Department. The State Government, through the General Administration Department, issued a circular dated 05.03.2008, followed by another circular dated 16.08.2012, providing for regularization of daily-wage, work- charged, and contingency-paid employees who were appointed prior to 31.12.1988. Clause ‘A’ of the circular dated 05.03.2008 specifically mandates regularization of such employees and does not prescribe any requirement of educational qualification for those appointed prior to 31.12.1988. Despite the petitioner squarely falling within the ambit of the said circular, the respondents failed to regularize his services. On the contrary, several similarly situated employees junior to the petitioner were granted the benefit of regularization by the respondents, thereby violating the principle of parity and equality enshrined under Articles 14 and 16 of the Constitution of India. Aggrieved by the inaction of the respondents, the petitioner approached this Court by filing W.P.(S) No. 6080/2018. The said writ petition was disposed of on 17.09.2018 with a direction to the respondents to scrutinize the petitioner’s claim and decide the same in light of the circular dated 05.03.2008. However, when the respondents failed to comply with the said order within the stipulated period, the petitioner was constrained to file Contempt Petition No. 198/2019. In the conte