'He Fought A Long & Arduous Battle Against The Might Of The State': Supreme Court Rejects Centre's SLP Against A Mason

Justice has been done to a mason who fought a long and arduous battle against the might of the State, the Supreme Court observed while refusing to interfere with an order of the Delhi High Court judgment in the matter of regularization of a mason.

Vasudev was engaged as a Mason on hand receipt/muster roll basis in the Central Public Works Department, with effect from 4th February, 1985. As he was not granted the status of a regular employee, he approached Central Administrative Tribunal seeking regularisation. The CAT directed the authorities to consider his claim for regularisation from the date he had completed 240 days of continuous service on casual and work charge basis. Later, dismissing the challenge against this order, the High Court, directed his regularization, by its judgment dated 15 July 2010.

On 18th November, 2014, he was regularized but with effect from 11th December, 2006. He again approached the CAT seeking a direction to grant him pension in terms of the CCS Pension Rules, with all consequential benefits, giving him the benefit of services rendered by him with effect from 4th February, 1985. The CAT dismissed this application against which he approached the High Court. In his plea challenging the CAT order, the Delhi High Court held that the effective date of his regularisation should date back to the date of his application made before the CAT that is the date of filing of OA in the year 1997.

In the SLP filed by the Centre, the bench comprising Justices DY Chandrachud and MR Shah observed that Vasudev had been pursuing his claim right from 1997 before the Tribunal and he was entitled to temporary status on the completion of 240 days' continuous service. 

"Justice has been done to a mason who fought a long and arduous battle against the might of the State. The wider questions which are sought to be raised on behalf of the Union Government are kept open to be urged in an appropriate case. The ultimate direction which has been issued by the High Court is sustained on the individual facts as they pertain to the respondent before this Court.", the court said while dismissing the SLP.

Case: Union of India vs. Vasudev ; SLP(C) 12131/2021
Coram: Justices DY Chandrachud and MR Shah
Citation: LL 2021 SC 383
Counsel: ASG Aishwarya Bhati for UoI, Adv Tripurari Ray for respondent

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