CWP No.759 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 18.01.2010 Shyam Singh ...Petitioner VERSUS State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Ajit Atri, Advocate for the petitioner Permod Kohli, J. (Oral) At the outset, learned counsel for the petitioner submits that there is typographical error. In paragraph 7 of the writ petition, the date of retirement is inadvertantly mentioned as 30.9.2009 whereas it should have been 30.9.2008. He makes an oral prayer to carry out the correction. Prayer is allowed. Correction carried out in the Open Court. Notice of motion. Mr.RS Kundu, Addl.A.G., Haryana who is present in Court has been asked to accept notice on behalf of the respondents. Keeping in view the prayer made and with the consent of the counsel, this petition is disposed of at motion stage. CWP No.759 of 2010 2 The petitioner was serving as Octroi Clerk in Municipal Committee, Naraingarh. In the year 1999, Octroi was abolished by the State of Haryana and the surplus staff was adjusted in various Government departments. The petitioner was also adjusted in the department of Food and Supplies. The petitioner joined the Department of Food and Supplies, Ambala as Clerk on 3.1.2000 and has sought voluntary retirement. He has retired w.e.f. 30.9.2008. The grievance of the petitioner is that the period of service rendered by him in the Municipal Committee has not been taken into consideration for the purpose of grant of various retiral benefits, including the benefit of ACP. The controversy involved in this petition is squarely covered by the judgment of Hon'ble Supreme Court in the case of State of Haryana and Anr. vs. Deepak Sood & Ors (Civil Appeal No.4446 of 2008 decided on 15.7.2008 wherein following directions have been issued:- “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 and pensionary benefits, there is no reason why the past service should not 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 CWP No.759 of 2010 3 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....” This petition is accordingly allowed in terms of the aforesaid judgment. The petitioner shall be entitled to the benefit of the service rendered in the Municipal Committee, both for the purpose of grant of ACP benefits and other pensionary/retiral benefits. Let the claim of the petitioner be considered and settled in terms of the aforesaid judgment within a period of three months. (PERMOD KOHLI) JUDGE 18.01.2010 MFK