2025:CGHC:56481 RJAATGHVENDRADbRJA yA ig TG it H al V y E s N ig D n R e A d NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5662 of 2023

1 - Chandulal Deshlahra S/o Shri Baluram Deshlahra Aged About 61 Years R/o Danitola, Ward No. 19, Dhamtari, District - Dhamtari (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Tribal Department, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District -

Raipur (C.G.).

2 - Additional Commissioner Adivasi Vikas Vibhag, Dhamtari, District -

Dhamtari (C.G.).

3 - Collector Dhamtari, District - Dhamtari (C.G.)

... Respondent(s)

For Petitioner : Mr. Nikhil Wadhwani, Advocate on behalf of Mr. Awadh Tripathi, Advocate.

For Respondent/ State : Mr. Dashrath Prajapati, Panel Lawyer.

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order On Board

19.11.2025

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner.

10.2 That, this Hon'ble Court may kindly be pleased to allow the writ petition and directed the respondent to regularize the services of the petitioner or directed the respondent to decide the representation of the petitioner dated 03.02.2023, in the interest of justice. 10.3 Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.”

2. Brief facts of the case is that, the petitioner was initially appointed as a daily wager vide order dated 17.10.1996 and discharged his duties until 14.07.1998, but due to non-payment of wages by the Government, his engagement could not continue. Thereafter, he was again appointed to the post of Chowkidar vide order dated 31.05.2001, and since then he has been continuously serving the respondent department, pursuant to various orders issued from time to time in his favour. The respondent-Collector, vide order dated 21.12.2022, regularized the services of daily-wage employees working on Collector-rate who had completed more than three years of service, however, despite the petitioner having served for a substantially longer period, his name was not included in the said order. Aggrieved thereby, the petitioner promptly submitted a representation dated 03.02.2023 requesting that, considering his more than 18 years of continuous service and the fact that several employees appointed after him had been regularized and granted regular pay scale, his services also be regularized. Hence, this petition.

3. Learned counsel for the petitioner submits that the petitioner was initially appointed as a daily wager vide order dated 17.10.1996 and discharged his duties up to 14.07.1998, whereafter his services were discontinued due to non-payment of daily wages by the Government. Subsequently, the petitioner was again appointed on the post of Chowkidar vide order dated 31.05.2001 and since then has been continuously working with the respondent department, during which period several orders have been issued from time to time in his favour. It is further submitted that the respondent Collector, Dhamtari, vide order dated 21.12.2022, regularized the services of Collector rate daily wage employees who had completed more than three years of service. However, despite the petitioner having rendered long and continuous service for more than 18 years, his name was arbitrarily excluded from the said order, whereas persons appointed subsequent to the petitioner have been granted regularization and regular pay scale. Aggrieved thereby, the petitioner immediately submitted a detailed representation dated 03.02.2023 seeking regularization of his services in view of his long continuous service, but no favourable consideration has been extended to him till date. Learned counsel for the petitioner placed reliance upon the judgment rendered by Hon’ble Supreme Court in the matter of Secretary, State of Karnataka vs Uma Devi reported in (2006) 4 SCC 1 to contend that the petitio