Roma Kanta Palaka Vs State of Chhattisgarh

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CGHC010277292026

2026:CGHC:31462

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5570 of 2026

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1. Roma Kanta Palaka W/o Shri Laxman Palaka Aged About 47 Years R/o Shanichari Balmiki Chowk Bilaspur P.S. City Kotwali Civil And Revenue District- Bilaspur (C.G.)

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JYOTI SHARMA

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Digitally signed by JYOTI SHARMA Date: 2026.07.24 10:57:45 +0530

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2. Sunil Singh S/o Late Laxman Singh Aged About 46 Years R/o Ashok Nagar, Jorapara P.S. City Kotwali Civil And Revenue District- Bilaspur (C.G.)

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... Petitioner(s)

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versus

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1. State Of Chhattisgarh Through- Secretary Department Of Health And Family Welfare Raipur, District- Raipur (Chhattisgarh)

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2. The Director Medical Education Chhattisgarh Old Nurses Hostel D.K.S. Bhawan Compound Raipur District- Raipur Chhattisgarh,

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3. The Collector Bilaspur District- Bilaspur Chhattisgarh

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4. The Dean Chhattisgarh Institute Of Medical Science Bilaspur District Bilaspur Chhattisgarh

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... Respondent(s)

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(Cause title taken from CIS)

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For Petitioner(s) : Shri Saket Pandey, Advocate For Respondent(s) : Mr. S.S. Badgaiya, G.A.

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Hon'ble Shri Bibhu Datta Guru, Judge

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Order on Board 23.07.2026

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Petitioners have filed this writ petition seeking following reliefs:-

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"10.1.That, the Hon'ble Court may kindly call for records pertaining to service of petitioner, in the interest of justice.

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10.2 That, the Hon'ble Court may kindly direct the respondents authorities to provide petitioner permanent status / absorption in his respective posts, with consequential and monetary benefits, in the interest of justice.

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10.3. That, the Hon'ble Court may kindly set aside and quash the rejection orders passed with respect to some of the petitioners, in the interest of justice.

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10.4. That any other relief which this Hon'ble court may deem fit and just in the facts and circumstances of the case."

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Learned counsel for petitioners submits that petitioners are appointed as Cleaner/Sanitation workers in Class IV post as Daily Wager under the Health Department, Govt. of Chhattisgarh and they are working continuously on the said post. However, they have not been regularized on the post of Cleaner/Santitation Workers. Therefore they submit that they may be permitted to submit a representation before the concerned authority and direction be issued to consider the same, expeditiously, within specified time frame.

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Learned counsel for the State submits that he is having no objection to the limited prayer made by the learned counsel for the petitioner.

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

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Considered the submission of counsel for the parties. Claim as raised by petitioners in this writ petition is that they are continuously engaged as daily wage employee in the Health Department. Hon'ble Supreme Court in case of Narendra Kumar Tiwari & Others Versus State of Jharkhand & Others reported in SCC (L&S) 2018 (2) 472 considered the issue of claim of regularization of temporary/daily wages employees, who had completed 10 years of service. Further, Hon'ble Supreme Court in case of Jaggo Versus Union of India reported in ( 2024) SCC Online SC 3826 has further observed that the government departments to lead by example in providing fair and stable employment. Engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organization's functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale.

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In above facts of the case and decisions of Hon'ble Supreme Court, this writ petition is disposed of at this stage, permitting the petitioners to submit fresh comprehensive representation before

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the concerned authority, and if, such a representation is submitted, the concerned authority shall consider and take decision on the representation in accordance with law expeditiously, preferably within a further period of 04 months from the date of receipt of representation.

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Accordingly, this writ petition is disposed of with the aforesaid observation and direction.

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It is made clear that this Court has not expressed any opinion on the merits of the matter, the concerned respondent authority is directed to consider and decide the issue as per the extant rules and on its own merits.

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Sd/-

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(Bibhu Datta Guru) Judge

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Jyoti

Roma Kanta Palaka v. State of Chhattisgarh

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Roma Kanta Palaka v. State of Chhattisgarh

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