Civil Writ Petition No. 1242 of 2009 **** Sudershan Dev Versus State of Haryana and another Present: Mr. Vipul Jindal, Advocate for Mr. Jatin Salwan, Advocate for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana for the State. ***** The petitioner was appointed as a Clerk on adhoc basis in Haryana State Small Industries and Export Corporation Limited (hereinafter referred to 'Corporation') on 6.4.1988. His services were regularised on 10.4.1991 with effect from 31.12.1990. Subsequently, the petitioner has been absorbed on the post of Clerk in the office of Commercial Taxation Commissioner, Haryana on 6.11.1997. The petitioner was declared surplus in the Corporation and was absorbed on fresh terms and conditions in the office of Taxation Commissioner. The petitioner made a claim for grant of ACP on completion of 10 years of service. This claim of the petitioner was declined on the ground that the service rendered by him in the Corporation cannot be taken into consideration for grant of ACP. The petitioner, accordingly, has filed this writ petition to impugn this order. Though the claim of the petitioner has been resisted in the reply filed, on the ground that the service rendered by the petitioner in the Corporation has not to be taken into consideration for the purpose of seniority. Accordingly, the same service would not be open to be impugned for the purpose of grant of ACP as well. Civil Writ Petition No. 1242 of 2009 -2- Counsel for the petitioner, however, in support of his submission has drawn my attention to order, Annexure P-8, which is an order passed by Division Bench of this Court. Similar claim arising in respect of the persons from the same corporation, who were later on absorbed was adjudicated through order, Annexure P-8. The Division Bench of this Court after relying upon the decision of the Hon'ble Supreme Court has allowed the claim made in the petition, with the direction that the petitioner therein would be entitled to ACP grade in the department in which they have been absorbed in consonance with the length of service rendered by them in the previous department. It needs to be noticed that Mr. Rathee has very fairly pointed out that one Deepak Sood belonging to the department of the petitioner had filed a writ petition of this Court, which gave rise to SLP and Civil Appeal No. 4446 of 2000 titled as State of Haryana and another versus Deepak Sood and others decided by Hon'ble Supreme Court on 15.7.2008. The case of the petitioner thus is identical to that of Deepak Sood, which has been allowed by Hon'ble Supreme Court and taken into consideration by the Division Bench of this Court while allowing the Civil Writ Petition No. 8013 of 2008 (Annexure P-8). The case of the petitioner thus is squarely covered by decision of Civil Appeal No. 4446 of 2000. Accordingly, the present writ petition deserves to be allowed and so ordered. Direction, therefore, is issued to consider the right of the petitioner for grant of ACP by taking into account the previous service rendered by him in the Corporation alongwith his service in the present department. The arrears due to the petitioner Civil Writ Petition No. 1242 of 2009 -3- shall be released within a period of 3 months from the date of receipt of copy of this order. The necessary consequential relief shall also follow. October 08, 2009 ( RANJIT SINGH ) rts JUDGE