CWP Nos.18885 of 2009 & 2117 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 20.9.2010 1.CWP No.18885 of 2009 Mohinder Singh & Others ...Petitioners VERSUS The State of Haryana & Others …Respondents 2.CWP No.2117 of 09 Ashok Kumar Chawla and others ...Petitioners VERSUS State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Bharat Bhushan Sharma, Advocate for the petitioner (s) Mr.RD Sharma, DAG, Haryana for respondent-State Mr.Narender Hooda, Advocate for resapondents-UHBVNL Permod Kohli, J. (Oral) Keeping in view the controversy involved and with the consent of the counsel, both the petitions are disposed of at motion stage, by this common order since common questions of law and facts are involved. The petitioners initially joined the Haryana State Electricity Board. Their services were transferred in the UHBVNL. The petitioners retired CWP Nos.18885 of 2009 & 2117 of 2009 (O&M) 2 from the services of the respondents. Benefits of 1st and 2nd ACP scale were given to the petitioners on completion of 10 and 20 years of service. However, scale of 1st and 2nd ACP was modified with effect from 1.1.1996 and the modified ACP was granted to the employees of the respondent- Corporation vide order dated 20.2.2004. The pay scales of the petitioners were revised with effect from 1.1.1996 and were also allowed 2nd ACP scales with effect from 1.1.1996. The grievance of the petitioners is that they were denied the modified 2nd ACP w.e.f. 1.1.1996. The respondents have filed their replies in both the writ petitions. It is agreed to by the learned counsel for the parties that the issue involved in this petition is squarely covered by a Division Bench Judgment of this court passed in CWP No.6349 of 2006 decided on 7.2.2008 wherein following observations/directions have been made:- “.... A perusal of the office order dated 20.2.2004 shows that while adopting the State Government decision regarding grant of ACP scale, it was decided that no arrears on account of notional fixation of pay scale from 1.1.1996 to 31.3.2004 is to be given to the eligible employees and the cash benefit of modified ACP scales is given to the eligible employees w.e.f. 1.4.2004. Since the petitioner retired on 31.10.2001, the petitioner is not entitled to any arrears on account of grant of second ACP scale. To that extent, we do not find any illegally in the order passed by the Chief Engineer of the respondents. CWP Nos.18885 of 2009 & 2117 of 2009 (O&M) 3 However, learned counsel for the petitioner argued that even if the petitioner is not to be granted the arrears on account of grant of second ACP scale, but the retiral benefits are to be re-fixed after granting the benefits of notional fixation of scale w.e.f. 1.1.1996. The said argument of the learned counsel for the petitioner could not be controverted by learned counsel for the respondent in any meaningful manner. Even if the petitioner is not to be granted the arrears of notional fixation of pay, but on account of deemed notional fixation of pay, as on the date of retirement, the petitioner shall be entitled to the revised pensionary benefits. In view thereof, the present writ petition is disposed of with the direction to the respondent to re-calculate the retiral benefits to the petitioner after giving the benefits of notional fixation of salary w.e.f. 1.1.1996. The writ petition stands disposed of in the above terms.” Learned counsel for the petitioner has placed on record memo dated 11.11.2009 (Annexure P-6) alongwith CM No.13189 of 2010 in CWP No.2117 of 2009. The same is taken on record. A perusal of the aforesaid Annexure P-6 shows that the respondents have complied with the aforesaid directions of the Hon'ble Division Bench. The petitioners are similarly situated. CWP Nos.18885 of 2009 & 2117 of 2009 (O&M) 4 In view of the above, this petition is disposed of in terms of the aforesaid directions of the Hon'ble Division. The respondents are directed to consider the claim of the petitioners in the light of the aforesaid directions and grant the necessary benefits. Copy of this petition be placed on record of each concerned file. (PERMOD KOHLI) JUDGE 20.9. 2010 MFK