Chhattisgarh HC Allows Plea Of Daily Wage Helper In Ayurvedic Health Care Centre Seeking Regularisation Of Services After Two Decades

Ordering a proper assessment of the employee's case and records, a Single Judge Bench of Justice Bibhu Datta Guru held,

“Having regard to the facts and circumstances of the case and the principles of law laid down by the Hon'ble Supreme Court, the petition is allowed. The respondent authorities are directed to inspect the records of others similarly situated employees when their services were regularized. If the case of the petitioner is also found to be similar to those daily wagers whose services were regularized, his services be also regularized from the same date.”

Background

The petitioner was working on the post of Aushdhalay Sevak as a daily wager for more than two decades and possessed all the requisite qualifications for permanently holding the post. In lieu of the same, had even submitted detailed representations to the respondent authorities for them to consider him for regular appointment to the post of Aushdhalay Sevak.

The petitioner primarily argued that the State Government of Chhattisgarh had, on the basis of a circular dated 05/03/2008, regularised the services of similarly situated daily wage employees. Thus, denying regularisation of service to the petitioner was not only illegal, arbitrary and discriminatory in nature but also constituted a violation of the petitioner's fundamental rights under Articles 14, 15 and 21 of the Constitution as much as it violated the principles of natural justice.

The Court relied on the case of Narendra Kumar Tiwari and Others v. The State of Jharkhand and Others [Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)], where the appellant therein sought regularisation of service after completing 10 years of service, and the Supreme Court had held that Regularisation Rules must be interpreted pragmatically and if the appellant has served for 10 years, he ought to be given the benefit of regularisation of service unless there existed some valid objection/s to their regularisation like misconduct etc.

Accordingly, the High Court allowed the petition and directed the respondents to regularise the services of the petitioner after assessing the records of similarly situated employees whose services were regularised.

Case Details:

Case Number: WPS No. 2749 of 2025

Case Title: Jagarnath Ram v. State Of Chhattisgarh

Date: 24.04.2025

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