HC Upholds Regularisation of Monument Attendants Working Over 10 Years

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Regularisation of Monument Attendants

Case Details: Union of India vs. Chatur Singh - [2025] 178 taxmann.com 780 (HC-Delhi)

Judiciary and Counsel Details

  • Navin Chawla & Madhu Jain, JJ.
  • Ajit Kumar Pathak, Jitesh Vikram Srivastava, SPC, Prajesh Vikram Srivastava & Ms Akriti Pathak, Advs. for the Petitioner.
  • A.K. Trivedi, Adv. for the Respondent.

Facts of the Case

In the instant case, the Respondents had been working as Monument Attendants on a casual basis with the Archaeological Survey of India from 1995 to 2011. They filed an application before the Tribunal, claiming that the nature of the duties performed by them was regular and permanent.

However, instead of appointing them as regular employees, they had been appointed on a casual basis. The Tribunal allowed the application filed by the respondents. Thereafter, an appeal was made before the High Court.

It was noted that it was only post the implementation of the 6th Central Pay Commission, when the post of Monument Attendant, which was previously a Group ‘D’ post, was upgraded to a Group ‘C’ post and was re-designated as Multi Tasking Staff (MTS), that the Recruitment Rules for the post of MTS were framed.

Further, the respondents had been engaged in service prior to that. It was also stated that the services of the respondents would be discontinued after the total sanctioned strength of vacancies had been filled through the regular employment selection process, applying the applicable principles.

High Court Held

The High Court held that respondents had been working continuously for more than 10 years performing essential, perennial duties related to maintenance and upkeep of centrally protected monuments/sites, and thus, in terms of Jaggo v. Union of India, 2024 SCC OnLine SC 3826, the Tribunal had rightly directed regularisation of respondents.

List of Cases Reviewed

  • Jaggo v. Union of India 2024 SCC OnLine SC 3826 (para 11) followed

List of Cases Referred to

  • Chatur Singh v. Union of India [OA No.387 of 2019, dated 06-12-2023] (para 1)
  • Ms Anjali Negi v. Union of India [O.A. No.3465 of 2019] (para 1)
  • Ghulam Nabi Ahangar v. Union of India 2018: JKLHC-SGR:109 (para 6)
  • Secretary, State of Karnataka v. Uma Devi (2006) 4 SCC 1 (para 7)
  • Sanju Singh v. Union of India [W.P. (C) No. 9198 of 2019, dated 13-9-2023] (para 8)
  • Jaggo v. Union of India 2024 SCC OnLine SC 3826 (para 9)
  • SHRIPAL v. Nagar Nigam [2025] 1 taxmann.com 9348 (SC) (para 12).

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Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied