Facts
The appellants were appointed as Class IV daily wage employees in the Municipal Corporation, Dhamtari, and have served for nearly 15 years
Source reference: p. 6, para. 3-4Despite continuous service of more than 240 days per year and performing clerical/administrative duties, their services were not regularized despite the alleged availability of 29 vacant posts
Source reference: p. 5-6, para. 3The grievance arose when the Municipal Corporation issued a notice/advertisement dated 21.04.2015 to hire placement agencies/labour contractors to supply manpower for the same roles, effectively threatening the appellants' continued engagement
Source reference: p. 6, para. 3The appellants challenged this notice and sought regularization.
Source reference: p. 6, para. 3The Writ Petitions (WPS No. 2802/2015) were dismissed by a Single Judge on 26.09.2025, leading to these Writ Appeals
Source reference: p. 6, para. 3Issues
Whether the appellants, having rendered long-term continuous service, possess a legitimate expectation to be considered for regularization and continued employment in preference to contract labor
Source reference: p. 6, para. 4Whether the Municipal Corporation should be permitted to replace existing daily wage employees with contract laborers through placement agencies
Source reference: p. 8, para. 8Law Applied
The Court primarily applied the principle of "Legitimate Expectation" regarding the fair consideration for regularization of long-term daily wage employees
Source reference: p. 7, para. 4It also considered the administrative obligations of local bodies under Urban Administration and Development regulations.
Source reference: no citationWhile the court did not explicitly cite Umadevi, it implicitly acknowledged the framework of regularisation subject to "applicable rules and law"
Source reference: p. 9, para. 10The decision was ultimately guided by the principle of "Judicial Undertaking," where an affidavit filed by a State authority can resolve a grievance without a full adjudication on merits
Source reference: p. 8-9, para. 7-9Reasoning
The Court did not delve deeply into the merits of the Single Judge's dismissal but focused on the subsequent developments and the Respondent Corporation's change in stance during the appeal
Source reference: p. 9, para. 9The Respondent No. 2 (Municipal Corporation) filed an affidavit dated 01.03.2026, conceding that the appellants would be permitted to continue in their respective posts as they were prior to the 2015 advertisement
Source reference: p. 8, para. 7-9The Court noted that since 25 of the original 28 employees were still working, the primary threat (replacement by contractors) was mitigated by the Corporation's voluntary assurance to maintain the status quo and take "necessary administrative steps" for implementation
Source reference: p. 8, para. 10-11Consequently, the Court found it unnecessary to quash the 2015 order on merits, choosing instead to bind the State to its undertaking
Source reference: p. 9, para. 9Holding
The High Court disposed of the Writ Appeals in terms of the affidavit filed by the Municipal Corporation
The Court held that the appellants shall be permitted to continue in service on their respective posts
Source reference: p. 8, para. 9The Respondent authorities were directed to strictly adhere to their undertaking
Source reference: p. 9, para. 10However, the Court clarified that this order does not confer an automatic right of regularization; rather, the appellants' claims for regularization must be considered independently in accordance with the law
Source reference: p. 9, para. 10Original Court PDF
Shailesh Dewangan & Others v. State of Chhattisgarh & Others [2026:CGHC:10988-DB]
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