CWP No.16848 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 16.03.2010 Darshan Singh ... Petitioner Versus State of Haryana and others ... Respondents. CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Ashwani Verma, Advocate,for the petitioner. Mr.RS Kundu, Addl.AG, Haryana, for the respondents. PERMOD KOHLI, J. The petitioner was appointed as Peon in the Municipal Committee in the State of Haryana on 12.03.1979. He was promoted to the post of Octroi Clerk on 16.08.1985. In the year 1988, the Haryana Government issued a notification for grant of ACP scale to its employees on completion of 10/20 years of satisfactory service. In the year 1999, the respondents took a decision to abolish the Octroi in the State of Haryana and to absorb the surplus staff of the Octroi department in other departments/Boards/Corporation. The petitioner was adjusted/transferred in the Co-operative Societies as Sub Inspector (Group-C). The petitioner made a request for grant of second ACP on completion of 20 years service by counting service rendered in the Octroi department which has not been granted to him. It is this action of the respondents which has been challenged in the present writ petition. CWP No.16848 of 2009 2 I have heard the learned counsel for the parties at length. The issue raised in the writ petitions is no more res integra. A similar issue came up for consideration before Hon'ble the Supreme Court in the case of State of Haryana and another Vs. Deepak Sood and others, (Civi Appeal No.4446 of 2008) decided on 15.07.2008, wherein the 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 any 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 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.” CWP No.16848 of 2009 3 The aforesaid observations are squarely applicable to the facts of the present writ petition. In view of the above, the present writ petition is allowed. The impugned order dated 03.12.2008 (Annexure P-4) is hereby quashed and set aside and the petitioner is held entitled to Higher Standard Pay Scale/ACP by counting the service rendered in the Octroi department. No costs. 16.03.2010 (PERMOD KOHLI) BLS JUDGE