Civil Writ Petition No. 18295 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 18295 of 2008 Date of decision: 11.9.2009. Mahabir Singh ...petitioner Versus State of Haryana and others ...respondents. CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. R.N. Sharma, Advocate for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana for the State. ***** RANJIT SINGH J. The petitioner was appointed as Peon-cum-Chowkidar in Municipal Committee, Hansi on 26.4.1991. The State Government abolished the Octroi in the State on 13.1.2000. The employees working with the Municipal Committees were rendered surplus. They were adjusted/absorbed in the government service. The petitioner accordingly was absorbed as Peon in the Industrial Training and Vocational Education Department, Haryana. He joined the said department on 13.1.2000. Director, Urban Development, Haryana through his communication dated 7.5.2001 clarified that the surplus staff of Municipal committee would be entitled to all the benefits of ACP scale etc. for the previous service rendered by them except for the purpose of seniority. Accordingly, such employees were also held entitled to Earned leave, Casual leave, ACP scales etc. Copy of this order in this regard is Annexure P-4. The petitioner retired from service on 31.5.2006. His pension and pensionary benefits were not released. The petitioner, accordingly, prayed for release of pension Civil Writ Petition No. 18295 of 2008 2 and pensionary benefit. The matter remained pending for considerable period when the petitioner served a legal notice on 27.12.2007. It was found that respondent No.4 informed the petitioner through letter dated 19.6.2008 that the Principal, Industrial Training Institute, Hisar has refixed his pay by reducing the same from Rs. 3860/- to Rs. 2900/- as the benefit of pay protection and ACP scale already granted were withdrawn. Accountant General, Haryana issued a report on 10.9.2008 intimating that the petitioner's previous service rendered in the Municipal Committee has been computed while issuing pension order. Accountant General, Haryana, thereafter, directed Principal, Government Vocational Education Institute, Rania (Sirsa) to make recoveries over and above the amount of gratuity of Rs. 40,455/-, which has been withheld. The counsel for the petitioner would refer to Division Bench judgment of this Court passed in CWP No. 15039 of 2003 titled as Hari Parkash and others versus State of Haryana and others decided on 2.8.2005, whereby it is held that the employees are entitled to count service rendered in the Municipal Committee for the purpose of ACP scales. Civil Appeals filed against this judgment in the cases of State of Haryana and another versus Deepak Sood and others, State of Haryana and another versus Hari Parkash and others and State of Haryana and another versus Dhani Ram have also been dismissed by the Hon'ble Supreme Court on 15.7.2008. In the reply filed, it is stated that the petitioner, who was working as Peon-cum-Chowkidar in the Octroi was absorbed in the employment by taking a sympathetic view. It is further stated that he Civil Writ Petition No. 18295 of 2008 3 was given fresh appointment letter and was put in initial pay scale of Peon. This was so stipulated in the terms and conditions that except for pay protection he will not be entitled to the benefit of pay and other seniority matters. Even this stand, if accepted would clearly show that the petitioner was granted pay protection as the decision taken by the Municipal Committee for the purpose of grant of ACP. Similarly situated persons have been allowed the benefit of ACP. Accordingly, the reasons advanced in the reply to justify the impugned action cannot be sustained. The reason for which the pay of the petitioner was been reduced does not survive any more. Accordingly, the petitioner has filed this writ petition to impugn the said order. Otherwise also, the relief claimed in the petition apparently is covered by the decision rendered by the Division Bench of this Court in CWP No. 15039 of 2003 titled as Hari Parkash and others versus State of Haryana and others, which was allowed on 2.8.2005. The SLP filed against this has also been dismissed. Copy of which is at Annexure P-11. Accordingly, the writ petition is allowed in the same terms. It is accordingly directed that impugned order dated 23.11.2007, Annexure P-6, and 19.6.2008, Annexure P- 7, by which the petitioner was denied his pay protection in ACP are set aside. The respondents are directed to release the pension and pensionary benefits to the petitioner on the basis of pay earlier drawn by him. Recoveries as ordered through the impugned order dated 10.9.2008 and 16.9.2008 are also quashed. There shall, however, no order as to costs. September 11, 2009 ( RANJIT SINGH ) rts JUDGE