The High Court dismissed writ petitions filed by Safai Karmchari employees seeking regularization under a 2008 Government circular. The petitioners failed to prove their appointments were made between 1989 and 1997, which was a mandatory condition of the circular.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2024:CGHC:33615
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2352 of 2014
1 - (Died And Deleted) Surendra Khandekar As Per Hon'ble Court Order Dated 02-09-2024.
2 - Ajay S/o Gopal Prasad Aged About 43 Years Occupation Daily Wages Employee, Posted At Municipal Corporation Raipur R/o Bramhanpara Raipur P.S. City Kotwali, Civil And Revenue Distt. Raipur C.G. , District : Raipur, Chhattisgarh
3 - Manish S/o Late Parmeshwar Aged About 38 Years Occupation Daily Wages Employe, Posted At Municipal Corporation Raipur R/o Bramhanpara, Raipur P.S. City Kotwali, Civil And Revenue Distt. Raipur C.G. , District : Raipur, Chhattisgarh
4 - Bholai, S/o Kamal Narayan, Aged About 39 Years Occupation - Daily Wages Employee, Posted At Mnicipal Corporation, Raipur R/o Fafadih, Raipur P.S. City Kotwali, Civil And Revenue Distt. Raipur C.G. , District : Raipur, Chhattisgarh
---- Petitioners
versus
1 - State Of Chhattisgarh And Ors. S/o Through The Secretary, Department Of Urban Administration Mantralaya Mahanadi Bhawan New Raipur C.G., Chhattisgarh
2 - The Under Secretary Department Of Urban Administration And Development, Mahanadi Bahwan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur C.G.
3 - The Director, Directorate Of Urban Administration And Development, Raipur C.G.
4 - The Municipal Corporation Raipur Thorugh Its Commissioner, Municipal Corporation Raipur Distt. Raipur C.G.
5 - The Commissioner, Municipal Corporation Raipur, Distt. Raipur C.G.
---- Respondents
with
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WPS No. 3001 of 2014
1 - Reeva Prasad Sendre And Ors. S/o Shri Pardeshi Ram Sendre Aged About 40 Years Occupation Service Municipal Corporation Raipur R/o Amarpara Raipur P.S. Raipur Distt. Raipur C.G. , Chhattisgarh
2 - Roshan Sagar S/os Ri Umashankar Sagar Aged About 35 Years Occupation Service Municipal Corporation Raipur R/o Gandhi Nagar, Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
3 - Punendra Sendre S/o Late Sri Dhaniya Sendre Aged About 39 Years Occupation Service Municipal Corporation Raipur R/o Amarpara Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
4 - Sudama Behra S/o Sadanand Behara Aged About 36 Years Occupation Service Municipal Corporation Raipur R/o Tikarapara Raipur P.S. Tikarapara Distt. Raipur C.G. , District : Raipur, Chhattisgarh
5 - Somsagar S/osri Shrimukh Bharti Aged About 36 Years Occupation Service Municipal Corporation Raipur R/o Pandit Ravishankar Shukla Nagar, Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
6 - Bhupendra Soni S/o Shri Suresh Soni Aged About 35 Years Occupation Service Municipal Corporation Raipur R/o Purana D.K. Compound, Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
7 - Sunit Behra S/o Late Shri Anandi Behra Aged About 35 Years Occupation Service Municipal Corporation Raipur R/o Pandri Behra Colony Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
8 - (Deleted) Naresh Sendur As Per Hon'ble Court Order Dated 02-09-2024.
9 - Arjun S/o Shri Chironji Samunde Aged About 38 Years Occupation Service Municipal Corporation Raipur R/o Moudhapara Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
10 - Rajesh S/oshri Ramchand Janjhote Aged About 37 Years Occupation Service Municipal Corporation Raipur R/o Jaikali Chowk Bhoipara, Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
11 - (Deleted ) Ambelal As Per Hon'ble Court Order Dated 02-09-2024.
12 - (Deleted) Mukesh As Per Hon'ble Court Order Dated 02-09-2024.
13 - Ballu S/o Shri Harichand Aged About 37 Years Occupation Service Municipal Corporation Raipur R/o Amarpara Nigam Colony Raipur P.S. Raipur Distt. Raipur C.G., District : Raipur, Chhattisgarh
14 - Vikram S/o Shri Hemant Bhannot Aged About 40 Years Occupation Service Municipal Corporation Raipur R/o Jaikali Chowk Bhoipara Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
15 - Rajesh S/o Shri Somnath Dongre Aged About 35 Years Occupation
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Service Municipal Corporation Raipur R/o Amarpara Nigam Colony Raipur P.S. Raipur Distt. Raipur C.G., District : Raipur, Chhattisgarh
16 - Gajendra S/oshri Puran Shendre Aged About 37 Years Occupation Service Municipal Corporation Raipur R/o Amarpara Nigam Colony Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
17 - Kundan S/o Shri Rukh Nath Dongre Aged About 40 Years Occupation Service Municipal Corporation Raipur R/o Amarpara Nigam Colony Raipur P.S. Raipur Distt. Raipur C.G., District : Raipur, Chhattisgarh
18 - Surendra S/os Hri Panchu Behar Aged About 40 Years Occupation Service Municipal Corporation Raipur R/o Pandri Raipur P.S. Pandri Distt. Raipur C.G. , District : Raipur, Chhattisgarh
19 - Jaimant S/oshri Taboram Shendre Aged About 35 Years Occupation Service Municipal Corporation Raipur R/o Veerbhadra Nagar, Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
20 - (Deleted) Mangal As Per Hon'ble Court Order Dated 02-09-2024.
21 - Benu Soni S/oshri Padum Soni Aged About 39 Years Occupation Service Municipal Corporation Raipur R/o Kukurbeda Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
22 - Pandit S/o Shri Ganesh Deep Aged About 41 Years Occupation Service Municipal Corporation Raipur R/o Pandri Raipur P.S. Pandri, Distt. Raipur C.G. , District : Raipur, Chhattisgarh
23 - Ravi Bharti S/o Shri Karuna Bharti Aged About 35 Years Occupation Service Municipal Corporation Raipur R/o Amarpara Nigam Colony, Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
24 - Roop Soni S/o Shri Shiv Kumar Soni Aged About 35 Years Occupation Service Municipal Corporation Raipur R/o Siddharth Chok Tikarapara Raipur P.S. Tikarapara Distt. Raipur C.G. , District : Raipur, Chhattisgarh
25 - Anup S/oshri Anand Ragde Aged About 37 Years Occupation Service Municipal Corporation Raipur R/o Amarpara Nigam Colony, Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
26 - Shailesh S/oshri Kartik Sendre Aged About 35 Years Occupation Service Municipal Corporation Raipur R/o Veerbhadra Nagar, Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
27 - (Deleted) Bhagat Deep As Per Hon'ble Court Order Dated 02-09-2024.
28 - Shriniwas Deep S/o Shri Rasanand Deep Aged About 41 Years Occupation Service Municipal Corporation Raipur R/o D.K. Parisar Raipur P.S. Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh
29 - Tulsi S/oshri Lachchhu Durga Aged About 34 Years Occupation Service Municipal Corporation Raipur R/o R.V.H. Colony Khamtarai, Raipur P.S.
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Khamtarai Distt. Raipur C.G. , District : Raipur, Chhattisgarh
30 - Vikrant Behra S/o Damrudhar Behra Aged About 40 Years Muncipal Corporation, Raipur, R/o Siddharth Chowk, Tikrapara, Raipur, Ps Tikrapara, Distt Raipur, Cg, District : Raipur, Chhattisgarh
31 - Surendra Soni S/o Shri Chhotelal Soni Aged About 37 Years Municipal Corporation, Raipur, R/o Siddharth Chowk, Tikrapara, Raipur, Ps Tikrapara, Dist Raipur, Cg, District : Raipur, Chhattisgarh
32 - Dilip Soni S/o Shri Shridhar Soni Aged About 39 Years Municipal Corporation Raipur, R/o Pandri, Raipur, Ps Pandri, Distt Raipur, Cg, District : Raipur, Chhattisgarh
33 - Vishnu Sagar S/o Shri Ramesh Sagar Aged About 42 Years Municipal Corporation, Raipur, R/o Amapara Nigam Colony, Ps Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh
34 - (Deleted) Surendra Nayak As Per Hon'ble Court Order Dated 02-092024.
35 - Nand Kishore S/o Shri Chandulal Balmik Aged About 40 Years Municipal Corporation, Raipur, R/o Shrinagar, Raipur, Ps And Distt Raipur, Cg, District : Raipur, Chhattisgarh
36 - Mukesh Shendre S/o Shri Lalji Shendre Aged About 35 Years Municipal Corporation, Raipur R/o Kalibadi Nagar, Janki Mandir Raipur, Ps And Distt Raipur, Cg, District : Raipur, Chhattisgarh
37 - Bashto Behra S/o Shri Trilocchan Behra Aged About 45 Years Municipal Corporation, Raipur R/o Pandri Raipur, Ps Pandri, Dist Raipur, Cg, District : Raipur, Chhattisgarh
38 - Panchu Shendre S/o Shri Chhabilal Shendre Aged About 36 Years Municipal Corporation, Raipur, R/o Siddharth Chowk, Tikrapara, Raipur, Ps Tikrapara, Dist Raipur, Cg, District : Raipur, Chhattisgarh
39 - (Deleted) Umesh Soni As Per Hon'ble Court Order Dated 02-09-2024.
40 - Premananad S/o Shri Sujaram Aged About 34 Years Municipal Corporation, Raipur R/o Telibandha, Raipur, Ps Telibandha, Dist Raipur, Cg, District : Raipur, Chhattisgarh
41 - Shrawan Deep S/o Nathulal Deep Aged About 42 Years Municipal Corporation, Raipur, R/o Siddharth Chowk, Tikrapara, Raipur, Ps Tikrapara, Dist Raipur, Cg, District : Raipur, Chhattisgarh
42 - Shrawan Sendur S/o Shri Govind Sendur Aged About 37 Years Municipal Corporation, Raipur, R/o Siddharth Chowk, Tikrapara, Raipur, Ps Tikrapara, Dist Raipur, Cg, District : Raipur, Chhattisgarh
43 - (Deleted) Yakub Chouhan As Per Hon'ble Court Order Dated 02-092024.
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44 - Rupesh Mahilang S/o Shri Jhumul Mahilang Aged About 35 Years Municipal Corporation, Raipur R/o R.V.H. Colony, Khamtarai, Raipur, Ps Khamtarai, Dist Raipur, Cg, District : Raipur, Chhattisgarh
45 - Surendra S/o Shri Birbal Aged About 37 Years Municipal Corporation, Raipur R/o Janki Mandir Raipur, Ps And Distt Raipur, Cg, District : Raipur, Chhattisgarh
46 - Sikander Shendre S/o Ganpat Shendre Aged About 35 Years Municipal Corporation, Raipur R/o Janki Mandir Raipur, Ps And Dist Raipur, Cg, District : Raipur, Chhattisgarh
47 - Baldeo Deep S/o Shri Dileep Deep Aged About 41 Years Municipal Corporation, Raipur R/o Janki Mandir Raipur, Ps And Distt Raipur, Cg, District : Raipur, Chhattisgarh
48 - Amar Nayak S/o Shri Seetaram Nayak Aged About 38 Years Municipal Corporation, Raipur R/o Gudhiyari Raipur, Ps And Distt Raipur, Cg, District : Raipur, Chhattisgarh
49 - Patras Rajan S/o Shri Rajendra Rajan Aged About 41 Years Municipal Corporation, Raipur R/o Gudhiyari Raipur, Ps Gudhiyari, Distt Raipur, Cg, District : Raipur, Chhattisgarh
50 - Thakur Ram S/o Shri Lakhan Lal Ragde Aged About 37 Years Municipal Corporation, Raipur R/o Bhoipara Amapara, Raipur, Ps And Dist Raipur, Cg, District : Raipur, Chhattisgarh
51 - Rambharosa S/o Syhri Tantu Aged About 42 Years Municipal Corporation, Raipur R/o Bhoipara Amapara, Raipur, Ps And Distt Raipur, Cg, District : Raipur, Chhattisgarh
52 - Sujeet Khandekar S/o Shri Satyanarayan Khandekar Aged About 40 Years Municipal Corporation, Raipur R/o Jaikali Chowk, Bhoipara, Raipur, Ps And Dist Raipur, Cg, District : Raipur, Chhattisgarh
53 - Sanjeev Ragde S/o Shri Kuleshwar Ragde Aged About 40 Years Municipal Corporation, Raipur R/o Jaikali Chowk, Bhoipara, Raipur, Ps And Dist Raipur, Cg, District : Raipur, Chhattisgarh
54 - Mahendra Behra S/o Shri Satyadas Behra Aged About 37 Years Municipal Corporation, Raipur R/o Pandri Raipur, Ps Pandri, Dist Raipur, Cg, District : Raipur, Chhattisgarh
55 - Kamlesh Soni S/o Shri K.R.Soni Aged About 36 Years Municipal Corporation, Raipur R/o Kalibadi Raipur, Ps And Dist Raipur, Cg, District : Raipur, Chhattisgarh
---- Petitioners
Versus
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Urban Administration And Development, Mahanadi Bhawan, Mantralaya, New Raipur, Dist Raipur, Cg, Chhattisgarh
2 - The Director Directorate Urban Administration And Development Department, Chhattisgarh, Raipur, Dist Raipur, Cg
3 - The Municipal Corporation, Raipur, Through The Commissioner, Municipal Corporation, Raipur, Dist Raipur, Cg
---- Respondents
| For Petitioners in WPS/2352/2014 |
: Mr. Shikhar Agnihotri, Advocate holding brief of Mr. Awadh Tripathi, Advocate |
|---|---|
| For Petitioners in WPS/3001/2014 |
: Ms. Sharmila Singhai, Senior Advocate along with Ms. Chetna Sharma, Advocate |
| For State | : Ms. Nupoor Sonkar, P. L. |
| For Respondent No. 4 (WPS/2352/2014) & For Respondent No.3 (WPS/3001/2014) |
: Mr. H. B. Agrawal, Senior Advocate along with Ms. Swati Agrawal, Advocate. |
Hon’ble Shri Justice Rakesh Mohan Pandey
Judgment On Board
02/09/2024
1. The above captioned Writ Petitions involve common questions of law and facts therefore, they were heard together and are being disposed of by this common order.
2. The above-mentioned Writ Petitions have been preferred by the petitioners who were working on the post of Safai Karmchari claiming regularization in terms of the circular dated 05.03.2008.
3. Facts of the present case are that the petitioners were working on the post of Safai Karmchari under the Municipal Corporation, Raipur. In this petition, the petitioners have not disclosed their date of initial appointment and even the orders of appointment have not been placed on record. A circular was issued by the Government of Chhattisgarh on 05.03.2008 whereby a decision was taken to
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implement the directives laid down by the Hon’ble Supreme Court in the matter of State of Karnataka Versus Uma Devi reported in 2006 (4) SCC 1 regarding regularization of daily wagers or ad-hoc employees who were appointed between 01.01.1989 till 31.12.1997. Earlier, WPS No. 32.07/2013 was filed by the petitioners claiming therein regularization on the post of Safai Karmchari as the petitioners had been working under the Municipal Corporation, Raipur for a considerable period. That petition was disposed of vide order dated 07.10.2013 directing the respondents therein to decide the case of the petitioners expeditiously and their representations. The representations made pursuant to the order dated 07.10.2013 were rejected by the authority concerned vide order dated 26.04.2014 on the ground that the petitioners were appointed after 31.12.1997, therefore, their claim for regularization cannot be considered. It has also been observed in the order that appointments of the petitioners were irregular and recovery would be made from the erring officer who appointed them.
4. Learned counsels appearing for the petitioners submitted that the petitioners are daily rated employees and they were appointed under the Municipal Corporation, Raipur strictly in accordance with law and by virtue of circular dated 05.03.2008, they are entitled to regularization but their claim has not been considered by the concerned authority. They argued that a direction may be issued to the respondent authorities to consider the claim of the petitioners for regularization and the order passed by the Commissioner, Municipal Corporation, Raipur dated 26.04.2014 may be quashed.
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5. On the other hand, the learned counsel appearing on behalf of the respective respondents would oppose. They submitted that the petitioners were not appointed in accordance with the constitutional mandate. They argued that the circular issued by the Government of Chhattisgarh dated 05.03.2008 specifically provides that the employees who were appointed between 01.01.1989 and 31.12.1997 on a daily wage or ad-hoc basis may be regularized. They contended that there is no document on record to demonstrate that the petitioners were appointed prior to 31.12.1997, therefore the representations have rightly been rejected.
6. I have heard learned counsel appearing for the parties and perused the documents placed on the record.
7. It is apparent that the petitioners have failed to place on record any document to substantiate that they were appointed prior to 31.12.1997 to avail the benefit of the circular issued by the Government of Chhattisgarh dated 05.03.2008. It is also observed by the Municipal Corporation, Raipur in the order dated 26.04.2014 that the appointment of the petitioners was irregular and action would be taken against the erring officer, who appointed them.
8. Taking into consideration the fact that (i) the petitioners were not appointed according to the constitutional mandate, and (ii) they were appointed sometime after 31.12.1997, therefore, they are not entitled to get the benefit of the circular dated 05.03.2008. Thus, the Commissioner, Municipal Corporation, Raipur has not committed any error in rejecting the representations moved by the petitioners.
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9. In view of the above-stated facts, I do not find any good ground to entertain these petitions. Consequently, the same are liable to and are
hereby dismissed .
Sd/-
Rakesh Mohan Pandey JUDGE
Ajinkya
2 issues framed by the court
Whether daily wage Safai Karmchari employees can claim regularization under the circular dated 05.03.2008 without proof of appointment prior to 31.12.1997.
Whether the rejection of representation regarding regularization of Safai Karmchari employees by the Commissioner, Municipal Corporation Raipur is legally sustainable.
Colour shows how this judgement treated each authority
State of Karnataka Versus Uma DeviReferred¶94
State of Karnataka Versus Uma Devi, 2006 (4) SCC 1 · Who else cites this
Surendra Khandekar and others
State Of Chhattisgarh And Ors.
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
