Facts
The petitioners (8 individuals) are daily-wage employees working with the Municipal Corporation, Rajnandgaon
Source reference: p. 1-2They approached the High Court claiming they have been working continuously and had previously made oral requests to the respondent authorities for permanent status or regularization, which remained unconsidered
Source reference: para. 2The petitioners sought a writ directing the respondents to provide absorption/permanent status with consequential benefits and to quash any existing rejection orders
Source reference: para. 1, 10.1-10.4During the hearing, the petitioners limited their prayer to being allowed to submit a fresh representation for time-bound consideration
Source reference: para. 2Issues
1. Whether the petitioners are entitled to a direction for the consideration of their regularization/permanent status based on their length of service as daily wagers?
Source reference: para. 2, 5Law Applied
The Court primarily relied on the legal principles established by the Hon’ble Supreme Court in Narendra Kumar Tiwari & Others v. State of Jharkhand & Others [SCC (L&S) 2018 (2) 472], which mandates the consideration of temporary/daily wage employees who have completed 10 years of service for regularization
Source reference: para. 5It further applied the doctrine from Jaggo v. Union of India [(2024) SCC Online SC 3826], which emphasizes that government departments must provide fair and stable employment and that long-term temporary engagement of integral staff contravenes international labor standards and undermines morale
Source reference: para. 5Reasoning
The Court observed that the petitioners have been continuously working within the department and are seeking the legal remedy of regularization
Source reference: para. 5By invoking the precedents of Narendra Kumar Tiwari and Jaggo, the Court linked the petitioners' grievances to the judicial mandate that prevents the State from maintaining employee uncertainty through indefinite temporary status
Source reference: para. 5Rather than adjudicating on the merits of the regularization itself, the Court balanced the petitioners' rights with administrative procedure by allowing the petitioners to formalize their claims through a comprehensive representation
Source reference: para. 6This ensures that the Municipal Corporation (Respondent No. 3) first exercises its statutory discretion to evaluate the petitioners' service records against the established legal criteria for regularization
Source reference: para. 6Holding
The High Court disposed of the writ petition without a direct order on absorption but granted the petitioners liberty to submit a fresh comprehensive representation to Respondent No. 3
The Court directed that if such a representation is submitted, the concerned authority must consider and take a decision in accordance with the law expeditiously, preferably within four months from the date of receipt
Source reference: para. 6-7Original Court PDF
RAJNI SONWANIvsSTATE OF CHHATTISGARH
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