Court Finds Denial of ACP Benefits Arbitrary; Directs State to Rectify Administrative Omissions
In a significant judgment, the Punjab and Haryana High Court, presided by Justice Harpreet Singh Brar, has ruled in favor of petitioners Pargat Singh and another, directing the State of Punjab to grant them the benefits of the Assured Career Progression (ACP) Scheme. This decision comes after their claims were initially rejected due to the non-availability of Annual Confidential Reports (ACRs), which were never maintained owing to administrative practice.
The petitioners, initially appointed as daily wage employees, had their services regularized with effect from November 6, 2001. Despite being similarly situated, junior employees received the ACP benefits while the petitioners were denied the same, prompting them to approach the court.
The court found this denial to be arbitrary and in violation of Articles 14 and 16 of the Constitution of India, emphasizing that ACRs are not "earned" by employees but are recorded by competent authorities. The non-maintenance of ACRs due to administrative omission was deemed by the court as unjust grounds for denying the benefits.
Justice Brar noted that once ACP benefits are extended to a junior employee, there is no justifiable basis to deny the same to senior employees in similar circumstances. The judgment underscored that respondents have a constitutional obligation to adopt a fair and uniform assessment method, especially when ACRs are unavailable due to systemic issues.
The court's directive mandates the State to grant ACP benefits on completion of 4, 9, and 14 years of regular service, along with consequential arrears and interest at 6% per annum. The ruling sets a precedent emphasizing the accountability of administrative practices and the protection of employees' rights against arbitrary actions.
Bottom Line:
Denial of ACP benefits based on non-availability of Annual Confidential Reports (ACRs), which were not maintained due to administrative practice, is arbitrary and violative of Articles 14 and 16 of the Constitution of India.
Statutory provision(s): Articles 14 and 16 of the Constitution of India
