Chhattisgarh High Court
Employment and Labour LawAdministrative and Public Law

Daily-rated employees working against sanctioned posts are entitled to Shram Samman Rashi under the circular.

DEEPAK YADAV vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 29, 20261 MIN READSOURCE JUDGMENT
Daily-rated employees working against sanctioned posts are entitled to Shram Samman Rashi under the circular.. DEEPAK YADAV vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners were contingent employees engaged on Collector Rates under the Sickle Cell Institute.

Source reference: para. 1–2

They sought payment of Shram Samman Rashi of ₹4,000 per month under the Finance Department circular dated 28 August 2023, including arrears and interest.

Source reference: para. 1–2

The State’s affidavit acknowledged that the petitioners worked against sanctioned posts, while stating that their temporary engagement had occurred without open advertisement, prescribed recruitment procedure, or observance of the reservation roster.

Source reference: para. 4

The Court had directed the State to clarify whether the petitioners worked against sanctioned posts.

Source reference: para. 3
02

Issues

Whether daily-rated employees engaged temporarily, but working against sanctioned posts, are entitled to Shram Samman Rashi under the circular dated 28 August 2023.

Source reference: para. 6

Whether the petitioners’ manner of recruitment precluded them from receiving that benefit.

Source reference: para. 4–6
03

Law Applied

The Court applied the Finance Department circular dated 28 August 2023, which, as described in the judgment, entitles daily-rated employees working against sanctioned posts to Shram Samman Rashi.

Source reference: para. 6

The judgment cites no statute or judicial precedent.

Source reference: no citation
04

Reasoning

The State’s affidavit established that the petitioners were working against sanctioned posts, notwithstanding their temporary engagement and the stated procedural deficiencies in their recruitment.

Source reference: para. 4

The Court treated the circular’s criterion—working against sanctioned posts—as controlling and concluded that the petitioners fell within its scope.

Source reference: para. 6

Their temporary status did not displace their entitlement under the circular.

Source reference: para. 6
05

Holding

The Court allowed the petition and directed the respondents to extend Shram Samman Rashi to the petitioners as daily-rated employees working against sanctioned posts, in accordance with the circular dated 28 August 2023, within 45 days of receiving a copy of the order.
Chhattisgarh High Court

Original Court PDF

DEEPAK YADAVvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 29, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment