2026:CGHC:12832 NAFR Digitally signed by AVINASH AVINASHSHARMA HIGH COURT OF CHHATTISGARH AT BILASPUR SHARMA Date:

2026.03.28 14:20:59 +0530 WPS No. 346 of 2023 U Chudamani Patnayak S/o Shri U Laxminarayan Patnayak, Aged About 44 Years Presently Posted As Training Officer, Trade - Diesel Mechanic, Posted At Government Industrial Training Institute (I.T.I.), Suregaon, District Balod (C.G.), Permanent Resident Of Parmarbada, Post - Dongargarh, District Rajnandgaon Chhattisgarh ... Petitioner.

versus

1 - State Of Chhattisgarh Through - Secretary, Department Of Skill Development Technical Education And Employment, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

2 - Director, Directorate Of Employment And Training, Indrawati Bhavan, Naya Raipur Atal Nagar, District Raipur Chhattisgarh 3 - Joint Director, Directorate Of Employment And Training, Divisional Office, Durg, District Durg Chhattisgarh.

4 - Principal, Government Industrial Training Institute, Suregaon, District Balod Chhattisgarh.

... Respondents.

For Petitioner(s) : Shri Pritam Singh, Advocate. For State/Res : Shri Sangharsh Pandey, GA.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

17/03/2026

1. This Writ Petition has been filed being aggrieved by the order dated

07.12.2021 (Annexure P/4) passed by Respondent No.2 rejecting representation of the petitioner stating that there is no provision in the service rules with regard to regularization of Guest Lecturer.

2. Following reliefs have been sought by the petitioner before this Court:-

10.1 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to take steps to regularize the petitioner in the post of trainer (Diesel Mechanic Trade) and further direct to grant consequential benefits, in the interest of justice.

10.2 Any other relief which this Hon'ble Court may deem and proper in the present circumstances of the case.

3. Necessary facts of the case are that the petitioner joined on the post of guest faculty/trainer in Diesel Mechanic trade in Industrial Training Institute, Dongargarh on 21.10.2008. Copy of the joining letter dated 21.10.2008 is filed herewith as Annexure P/1. It is pertinent to mention that the appointment of the petitioner was pursuant to an advertisement for the same post. The petitioner applied for the post and thereafter merit list was published in which the petitioner was selected. The petitioner had requisite educational and technical qualification required under the rule. The appointment of the petitioner was against the sanctioned vacant post available with the department. In the selection rules regarding reservation roster and age were also followed. Appointment was made by competent authority. Meaning thereby, the petitioner was legally appointed. The post was of Guest Faculty at daily wage basis but the entire recruitment was akin to a regular recruitment. The petitioner was duly qualified on the date of appointment and till date his service has been satisfactory. That, the petitioner has been working in this post since 21.10.2008 continuously and has completed about more than 13 years in this post. The service of the petitioner was at the behest of department. His services were regularly required by the department. There was no break in service except the artificial break. The service continued till date without any intervention of the order of the court but it was on the basis of mutual acceptance by both petitioner and the department. The employment of the petitioner was not litigious employment. That, the grievance of the petitioner is that despite having completed 13 years of service uninterruptedly, he is not been regularize on the said post. That, previously petitioner had filed a writ petition bearing registration no. WPS/5395/2021 wherein by order dated 04.10.2021, this Hon'ble High Court directed the petitioner to make a fresh representation with the department and department was directed to take appropriate decision o