Current duty charge experience to be considered for promotion: HC

CHANDIGARH: The experience gained by an employee while working on current duty charge is to be treated as a part of experience for promotion, the Punjab and Haryana high court has held.

The high court bench of justice Rajan Gupta observed that the executive instructions of December 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 high court dismissed an appeal by Punjab government against a single judge bench. The matter was brought to court by Anil Sharma, working as conservator of soils with the Punjab government, 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 and 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 and fulfils the experience laid down for the said post.

The government had contested the claims 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 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 and the same is to be counted towards experience while considering his case for promotion.