IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 9890 of 2010 Date of Decision: 26.5.2010. Veer Kumar --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. B.K. Bagri, Advocate for the petitioner. Mr. R.S. Kundu, Addl. A.G., Haryana *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. R.S.Kundu, Addl. A.G. Haryana, who is present in the court has been asked to accept notice on behalf of respondent No.1. With the consent of the learned counsel for the parties and in view of the prayer made in the petition, this petition is disposed at the motion stage. The petitioner joined his service in the Municipal Committee, Bawal in the year 1987. His services were regularized in January, 1996. In the year 1999 the staff of Municipal Committees in the State of Haryana declared surplus and consequently petitioner was absorbed in the office of respondent no.2. The petitioner has filed this petition seeking the benefit of 1st & 2nd ACP scale by taking into consideration the service rendered by him in the Municipal Committee. The controversy involved in the petition is squarely covered by a judgment of the Hon'ble Apex Court titled as State of Haryana and another Vs. Deepak Sood and others (Civil Appeal No. 4446 of 2008) wherein -2- following observations have been made:- “ Therefore, in the series of judgments given by this Court the view has been taken that in case of a transfer/absorption from one department to another or from public sector to State though the benefit of the seniority may be denied to the incumbent but not for other benefits like pay fixation and for the pensionary benefits. Therefore, when the benefit of past service rendered in the parent department was given for fixation of pay CWP. No. 9890 of 2010 and pensionary benefits, there is no reason why the past service should be counted for grant of ACP Grade. Consequently, we are of the view that the view taken by the Division Bench of the High Court in the impugned judgment and order is correct and there is no ground to interfere in this appeal. Consequently, this appeal is dismissed but with no order as to costs.” In view of the above position, this petition is allowed. Respondents are directed to count the service rendered by the petitioner in Municipal Committee for purposes of grant of ACP scale within a period of three months from the date certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 26.5.2010. lucky