IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 12756 of 2008. Date of Decision: 23.2.2011. Hoshiar Singh …Petitioner. Versus. HRTC & Anr. … Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the petitioner: Mr. Lovneesh Kanwar, Advocate. For the Respondents: Mr. H.S. Rawat, Advocate. Deepak Gupta, J.(oral) 1. The petitioner by means of this petition has challenged the order of the respondent- Corporation whereby benefit of proficiency step up on completion of 8 years service has been denied to him. 2. The undisputed facts of the case are that the petitioner is working as helper/carpenter with HRTC since 10th June, 1991. During the year 1997 a case under Section 376 IPC was registered against him at Police Station, Joginder Nagar. He was arrested in the said case and therefore placed under suspension. Charge-sheet was also filed against him. The petitioner was acquitted by the learned Sessions Judge, Mandi on 22.3.2002 and thereafter was reinstated in service vide order dated 10.4.2002 and he was exonerated of the charges leveled against him and it was further directed that the suspension period w.e.f. 2.10.1997 to 9.4.2002 would be counted for all intents and purposes and the petitioner shall be given all other benefits. The benefit of grant of proficiency step up increment on completion of 8 years service was however not granted to him. 3. As per the scheme attached by the respondent if an employee is not promoted after completion of 8 years of service in a post in the cadre on account of non availability of vacancy at the higher level or non existence of promotional avenue, such employee is entitled to higher pay scale. This benefit has been denied to the petitioner only on the ground that since he was not in service, therefore, is not entitled to this benefit of proficiency step up increment. Once the petitioner was acquitted and exonerated in disciplinary proceedings and it was made clear that his suspension period would be counted for all intents and purposes, the respondent-Corporation could not have denied the benefit of proficiency step up increment to the petitioner. Therefore the writ petition is allowed and the respondent-Corporation is directed to grant proficiency step up to the petitioner in terms of the scheme Annexure R-1 on the completion of 8 years service w.e.f. 1st July, 1999. The respondent- Corporation is directed to calculate the arrears due and payable to the petitioner on or before 31st May, 2011, failing which the Corporation shall also be liable to pay interest @ 9 % per annum to the petitioner form the date when the amount fell due. Petition is disposed of accordingly. No costs. 23rd February,2011. ( Deepak Gupta ) (Krn Guleria) Judge.