The experience gained by an employee while working on current duty charge is to be treated as a part of the experience for promotion, the High Court of Punjab & Haryana has held.
The HC bench of Justice Rajan Gupta observed that the executive instructions of Dec 2016 providing that the period of current duty charge will not be counted for the purposes of experience, seniority or any other benefit, is totally against the law. Current duty charge is given against a vacant post on the basis of seniority.
The HC dismissed a plea by Punjab Govt against a single-Judge bench. The matter was brought to Court by Anil Sharma, working as conservator of soils with the Punjab Govt, who had sought quashing of an order of May 2020 in which extension of tenure was afforded on the post of chief conservator of soils, Punjab, to Dharminder Sharma, an Indian Forest Service officer & the then chief conservator of forests. He had also challenged 2016 instructions that period of current duty charge (CDC) will not be counted for the purpose of experience or seniority or any other benefit, seeking promotion to the post, claiming that he was qualified & fulfils the experience laid down for the said post.
The Govt had contested the allegations arguing that Dharminder Sharma’s deputation was in view of the fact that no employee from the department was eligible for consideration to the post of chief conservator of soils but a single Judge bench had ruled in favour of Anil Sharma, holding that he has gained experience while working as conservator of soils on current duty charge & the same is to be counted towards experience while considering his case for promotion to the post of chief conservator of soils. Subsequently, one Rajesh Vashisth replaced Dharminder Sharma.
The Court also found that the notification on promotions didn't make any difference between the person working on a regular basis on substantive post & the person having additional charge of the said post. The Bench stated that “So, the learned single judge rightly observed that respondent No.1 (Anil Sharma) has gained requisite experience while working on current duty charge & he clearly fulfils the requirement of the rules & therefore qualifies to be considered for promotion to the post of chief conservator of soils".
Now the Govt has been asked to decide on the claim of Sharma within a period of 2 months.
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