Facts
The four petitioners were appointed as Cleaners/Sanitation workers (Class IV posts) on a daily-wage basis under the Health Department, Government of Chhattisgarh.
Source reference: p.2, para. 2They have been working continuously in these roles for an extended period but have not been granted permanent status or regularized.
Source reference: p.2, para. 2The petitioners filed a writ petition seeking directions for absorption/regularization and the quashing of rejection orders issued against some of them.
Source reference: p.2-3, para. 1During the hearing, the petitioners limited their prayer to being allowed to submit a representation to the authorities for expedited consideration.
Source reference: p.3, para. 2Issues
1. Whether the petitioners are entitled to seek a direction for the consideration of their regularization as daily-wage employees who have completed long years of service.
Source reference: p.3-4, para. 5Law Applied
principles governing the regularization of temporary or daily-wage employees established by the Supreme Court in Narendra Kumar Tiwari & Others v. State of Jharkhand & Others (2018), which addressed cases where employees completed 10 years of service.
Source reference: p.4, para. 5doctrine from Jaggo v. Union of India (2024), which mandates that government departments must act as model employers by providing fair and stable employment rather than engaging workers on a temporary basis for extended periods for integral organizational functions.
Source reference: p.4, para. 5Reasoning
The Court examined the petitioners’ claim of continuous engagement in the Health Department alongside the legal standards set by the Supreme Court.
Source reference: p.4, para. 5The Court noted that long-term temporary employment for integral roles contravenes international labour standards and undermines employee morale.
Source reference: p.4, para. 5Rather than deciding on the merits of the regularization itself, the Court focused on the procedural right of the employees to have their grievances heard by the administration.
Source reference: p.4, para. 6By directing the respondents to consider a fresh representation, the Court bridge the gap between the petitioners' long-term service and the authorities' duty to act as a fair employer under the cited precedents.
Source reference: p.4, para. 5-6Holding
The Court disposed of the writ petition without expressing an opinion on the merits.
It granted the petitioners permission to submit a fresh comprehensive representation to the concerned authority.
Source reference: p.4, para. 6The Court directed the respondent authority to take a decision on said representation in accordance with the law and extant rules within a period of four months từ the date of receipt.
Source reference: p.4-5, para. 6-8Original Court PDF
SANJAY SHRIVASvsSTATE OF CHHATTISGARH
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