Work-Charge Service Cannot Count for Proficiency Step-Up in Government Jobs: Punjab and Haryana High Court

In a groundbreaking decision, the Punjab and Haryana High Court has set a legal precedent by reaffirming that service rendered on a work-charge or ad-hoc basis cannot be considered for the purpose of proficiency step-up increments in government jobs. The judgment, delivered by the bench of Justices Gurvinder Singh Gill and Kamal on October 3, 2023, is expected to have significant implications for government employees seeking such benefits in the region.

The court's ruling dismissed the petitioners' claims, emphasizing key points in its observation.

"The judgments relied upon by the petitioners do not constitute binding precedent in the present case," noted the Punjab and Haryana High Court. The judgment highlighted a clarificatory letter from the State of Punjab, stating that service on a work-charge basis is not to be counted for the grant of proficiency step-up. This decision aligns with a consistent view of the Hon’ble Supreme Court that service on a work-charge basis cannot be equated with regular service for granting benefits like increments or proficiency step-up unless specific rules and policies explicitly permit it.

The judgment also stressed the potential consequences of granting such benefits, stating that it could lead to "multiplicity of litigation" and "anomalous situations." This ruling establishes a legal precedent for similar cases within the jurisdiction of the Punjab and Haryana High Court.

While referring to various cases in its observation, the Punjab and Haryana High Court found no merit in the petitioners' arguments, ultimately dismissing their claims. The judgment is expected to provide clarity in matters related to the calculation of service periods for government employees seeking proficiency step-up increments.

This landmark decision is likely to impact government employees in the Punjab and Haryana region, providing a clear guideline for the calculation of service periods for those on work-charge or ad-hoc service. It underscores the importance of adhering to established rules and policies in government service matters.

Date of Decision: October 3, 2023

Ranjit Singh and others  vs State of Punjab and others

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