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. 2Having completed over 25 years of continuous service, she sought regularization of her services based on State Government circulars and judicial precedents
Source reference: para. 2She had previously submitted a representation to Respondent No. 3 on December 10, 2025, which remained pending
Source reference: para. 2The 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. 1.1Issues
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 & 52. Whether the court should direct the State authorities to decide the petitioner's pending representation within a specific timeframe
Source reference: para. 3 & 11Law 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. 5Jaggo 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. 7-8State 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. 6Reasoning
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. 10The 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. 9While 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. 9-11Holding
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. 11Original Court PDF
RAJNI BAI KANWARvsSTATE OF CHHATTISGARH
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