Chhattisgarh High Court

State must consider regularizing long-serving daily wagers following constitutional mandates on stable employment and fair labor practices.

RAJNI BAI KANWAR vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 20, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner was appointed as a Gagman/Laborer on a daily-wage basis in 1998 within the Public Works Department of Chhattisgarh

Source reference: para. 2

Having completed over 25 years of continuous service, she sought regularization of her services based on State Government circulars and judicial precedents

Source reference: para. 2

She had previously submitted a representation to Respondent No. 3 on December 10, 2025, which remained pending

Source reference: para. 2

The petitioner approached the High Court seeking a mandamus to direct the respondents to consider her case for regularization as a one-time measure with consequential benefits

Source reference: para. 1.1
02

Issues

1. Whether the petitioner, having served for more than 25 years as a daily wager, is entitled to have her services considered for regularization in light of the principles laid down by the Supreme Court

Source reference: para. 2 & 5

2. Whether the court should direct the State authorities to decide the petitioner's pending representation within a specific timeframe

Source reference: para. 3 & 11
03

Law Applied

Secretary, State of Karnataka v. Umadevi, (2006) 4 SCC 1, which mandated a one-time regularization measure for employees in irregular (not illegal) appointments who have served for over ten years in sanctioned posts

Source reference: para. 5

Jaggo v. Union of India (2024) and Bhola Nath v. State of Jharkhand (2026), which deprecated the "pervasive misuse of temporary employment contracts" and "ad-hocism" to evade regular employment obligations

Source reference: para. 7-8

State of Chhattisgarh’s Circular dated March 5, 2008, which outlines the procedural framework for regularizing Class III and IV daily-wage employees

Source reference: para. 6
04

Reasoning

The Court examined the petitioner’s long tenure—exceeding two decades—against the evolving standard of the State as a "constitutional employer" rather than a mere market participant

Source reference: para. 10

The Court reasoned that keeping employees in "perpetual uncertainty" despite decades of service contradicts Article 14 and the principle of "equal pay for equal work"

Source reference: para. 9

While the petitioner had not initially filed her representation before the highest authorities (Respondents 1 and 2), the Court found that the facts warranted a directed administrative review to ensure the "legitimate rights of workmen" are not trumped by bureaucratic limitations

Source reference: para. 9-11
05

Holding

The Court disposed of the writ petition without adjudicating on the merits, instead permitting the petitioner to submit a fresh, comprehensive representation to Respondents No. 1 and 2

The Court directed the said respondents to consider and decide upon the representation in accordance with the law and the judicial precedents discussed (specifically Umadevi, Jaggo, and Dharam Singh) within a period of six months from the date of receipt

Source reference: para. 11
Chhattisgarh High Court

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RAJNI BAI KANWARvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 20, 2026

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