Grant of Proficiency Step-up Benefits: Relief to Work-Charged Employees Differential treatment of similarly situated employees held violative of equality under Article 14.

Case Note & Summary

The Supreme Court held that the appellants, whose services in the work-charged establishment were regularized, are entitled to benefits under the Proficiency Step-up Scheme, 1988. It reversed the High Court's judgment that denied such benefits, holding that similar benefits were already granted to identically placed employees.

1. Background (Paras 1–4) Fact: Appeals were filed against the Punjab & Haryana High Court judgment dismissing the appellants' writ petitions seeking benefits under the Proficiency Step-up Scheme, 1988. Observation: Appellants argued discriminatory denial of benefits to work-charged employees despite the Policy Circular (1996) stating that past service would qualify for pensionary and other benefits. 2. Key Arguments by Counsel (Paras 5–6) For Appellants: Appellants argued hostile discrimination under Article 14, as similarly situated employees were granted benefits. Circulars and court orders confirmed that work-charged service qualifies for Proficiency Step-up benefits. For State: State opposed claims, arguing benefits were granted only to those covered by judicial orders. 3. Judicial History and Analysis (Paras 7–12) Policy Interpretation: The 1996 Circular mandated the counting of work-charged service as qualifying service for pension and related benefits. Earlier High Court and Tribunal decisions affirmed the inclusion of work-charged service for Proficiency Step-up benefits. Error in High Court Decision: The High Court wrongly equated the Proficiency Step-up Scheme, 1988, with the Assured Career Progression Scheme (1998), leading to denial of benefits. Precedents: Reliance placed on multiple judgments confirming the eligibility of work-charged employees for such benefits. 4. Supreme Court's Conclusion (Paras 13–16) Held: Appellants are entitled to count their work-charged service for benefits under the Proficiency Step-up Scheme, 1988. Monetary benefits are to be disbursed within six months. Ratio: Discrimination against similarly placed employees violates Article 14 of the Constitution. Acts, Sections, and Legal Principles Discussed Proficiency Step-up Scheme, 1988: Government policy for financial advancement based on qualifying service. Article 14, Constitution of India: Right to equality and prohibition of discriminatory treatment. Policy Circular (13th March 1996): Inclusion of work-charged service as qualifying service for pensionary benefits. Subjects: Service Law – Benefits under Proficiency Step-up Scheme, 1988 Service Law, Proficiency Step-up Scheme, Work-charged Employees, Article 14, Discrimination, Pensionary Benefits.

Issue of Consideration