Gulab Yadav Vs State of Chhattisgarh

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2025:CGHC:17777

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Digitally signed by SOURABH SOURABH BHILWAR BHILWAR Date: 2025.04.22 10:48:34 +0530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 2599 of 2025

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1 - Gulab Yadav S/o Late Bund Ram Yadav Aged About 52 Years R/o House No. 37 Ward No. 33 Rampur Iti, Rajiv Vihar, Korba Chhattisgarh 495677

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--- Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Public Works Department, Mahanadi Bhavan, Mantralaya, Nava Raipur, Chhattisgarh 492002

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2 - The Secretary Public Works Department, Mahanadi Bhavan, Mantralaya, Nava Raipur, Chhattisgarh 492002

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3 - Dy. Secretary General Administration Department, Government Of Chhattisgarh, Mantralaya, Raipur Chhattisgarh 492002

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4 - Superintending Engineer Public Works Department, Bilaspur Circle, Bilaspur Chhattisgarh 495001

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5 - Executive Engineer Public Works Department, Division - Korba, District Korba, Chhattisgarh 495677

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--- Respondent(s)

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with

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2 / 5

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WPS No. 2608 of 2025

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1 - Sahar Singh S/o Late Atma Ram Kanwar Aged About 49 Years R/o Village - Pahanda, Post - Tilkeja, District - Korba (C.G.)

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--- Petitioner

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Versus

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1 - State Of Chhattisgarh Through Secretary, Public Works Department, Mahanadi Bhavan, Mantralaya, Nava Raipur (C.G.) 492002

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2 - The Secretary Public Works Department, Mahanadi Bhavan, Mantralaya, Nava Raipur (C.G.) 492002

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3 - Dy. Secretary General Administration Department , Government Of Chhattisgarh, Mantralaya, Raipur (C.G.) - 492002

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4 - Superintending Engineer Public Works Department, Bilaspur Circle, Bilaspur (C.G.) - 495001

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5 - Executive Engineer Public Works Department, Division - Korba, District - Korba (C.G.) - 495677

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--- Respondent(s)

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with

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WPS No. 2616 of 2025

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1 - Ratan Das S/o Late Sri Som Das Aged About 49 Years R/o Village Naktikhar Post Godhi, Tahsil Korba, District Korba (C.G.)

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--- Petitioner

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Versus

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1 - State Of Chhattisgarh Through Secretary, Public Works Department, Mahanadi Bhavan, Mantralaya, Nava Raipur, (C.G.)- 492002

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2 - The Secretary Public Works Department, Mahanadi Bhavan, Mantralaya, Nava Raipur, (C.G.)- 492002

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3 - Dy. Secretary, General Administration Department, Government Of Chhattisgarh, Mantralaya, Raipur (C.G.)- 492002

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4 - Superintending Engineer Public Works Department, Bilaspur Circle, Bilaspur (C.G.) - 495001

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5 - Executive Engineer, Public Works Department, Division-Korba, District Korba, (C.G.) - 495677

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... Respondents

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(Cause title is taken from Case Information System)

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For Petitioners : Mr. Ganesh Ram Burman, Advocate For Respondents/ State : Ms. Nupur Trivedi and Mr. Rishabh Bisen, Panel Lawyers

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board

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21/04/2025

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By the present petitions, the petitioners are seeking a direction towards the respondent authority to regularize the services of the petitioners as they are working as unskilled labours pursuant to the circular dated 05.03.2008 from the date when the similarly situated persons have been regularized.

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Case of the petitioners, in brief, is that the petitioners are presently working as unskilled labours in the respondent Department and has completed more than two decades. The petitioners are having all the requisite qualifications for holding their respective posts in which they are working. The petitioners had submitted their detailed representation to the respondent

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authorities for considering their case for regular appointment as they had already completed more than two decades.

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Learned counsel for the petitioners submits that the action on the part of the respondent authorities is illegal, arbitrary, discriminatory in nature and also violative of principles of natural justice and the Articles 14, 15 & 21 of the Constitution of India. He would further submit that the State government has regularized the services of similarly situated unskilled labours on the basis of circular dated 05/03/2008, therefore, the petitioners are also entitled for regularization of their services on their respective posts. In support of his contention, learned counsel has relied on the judgment passed by this Court in the matter of Manoj Kumar Nirmalkar v. State of Chhattisgarh¹

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4. Per Contra, learned counsel for the respondents/State would oppose the contention of the counsel for the petitioners.

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I have heard learned counsel for the parties and perused the material available on record.

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The Hon'ble Apex Court in the matter of Narendra Kumar Tiwari and Others v. The State of Jharkhand and Others² held in para 11 as under:

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"11. Under the circumstances, we are of the view that the Regularization Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the

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1 WPS No. 4293 of 2012 (decided on 10/02/2023

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2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)

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Regularization Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularized unless there is some valid objection to their regularization like misconduct etc."

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Having regard to the facts and circumstances of the case and the principles of law laid down by the Hon'ble Supreme Court, all these petitions are allowed . The respondent authorities are directed to inspect the records of other similarly situated employees when their services were regularized. If the case of the petitioners are also found to be similar to those unskilled labours whose services were regularized, their services be also regularized from the same date. It is also directed that all this exercise be completed within a period of 60 days from the date of receipt of copy of this order.

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Sd/-

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(BIBHU DATTA GURU) JUDGE

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$. Bhilwar

Gulab Yadav v. State of Chhattisgarh

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Gulab Yadav v. State of Chhattisgarh

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