IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 3000 of 2010 Date of Decision: 19.2.2010. Gulshan Kumar --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Virender Kumar, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. R.S. Kundu, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. The petitioner was appointed as Octroi Peon in the office of Municipal Committee, Rohtak on 8.1.1982. Thereafter, he was promoted as Clerk on 7.5.1990. In the year 1999 the State of Haryana abolished the Octroi department and consequently petitioner was absorbed in the Public Health Department. 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 judgement 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 following observations have been made:- “ Therefore, in the series of judgements 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 CWP. No. 3000 of 2010 -2- 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 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 judgement 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 19.2.2010. lucky