CWP No.3300 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh Date of decision: 14.01.2010 Lilu Ram Vs. State of Haryana and others CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Ajit Sihag, Advocate, for the petitioner. Mr.Rameshwar Malik, Addl.AG, Haryana. PERMOD KOHLI, J. (Oral): Initially, the petitioner was working as Octroi Clerk in the office of the M.C., Hansi, in the State of Haryana on regular basis. The work and conduct of the petitioner remained good throughout. In the year 199, the Octroi was abolished in the State of Haryana rendering the petitioner surplus. As per policy decision of the Government surplus Municipal staff was adjusted and absorbed in various departments of the State. Thereafter, the petitioner was appointed vide order dated 24.12.1999 as Gram Sachive in the office of the BDPO, Hansi and the petitioner joined as such on 31.12.1999. It is alleged that the petitioner was adjusted by transfer in the department aforesaid. The petitioner was granted first ACP in the scale of Rs.4000-100-4800-EB-100-6000 with effect from 01.10.1998. Vide CWP No.3300 of 2009 : 2 : letter dated 13.03.2000 issued by the Director Local Bodies it was pointed out that the staff members of the Municipal Committee rendered surplus as a result of abolition of Octroi and adjusted in other departments were not being paid their salary as per their last pay certificates but being paid the initial pay of the scale considering them as fresh appointments. It was thus clarified that these appointments are not fresh but these officials had been adjusted in departments as per government policy and therefore, they be paid their salary as per last pay certificate issued by the Municipal Committee. It is stated that all of a sudden vide order dated 04.06.2008 the first ACP granted to the petitioner in the year 1998 has been withdrawn and the pay of the petitioner has been reduced vide the impugned order. Vide order dated 21.10.2009 the respondents have ordered recovery from the petitioner. It is this order which has been challenged by the petitioner in the present writ petition. The respondents in the reply filed, have reiterated the averments made in the impugned orders. 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 onother Vs. Deepak Sood and others, (Civi Appeal No.4446 of 2008) decided on 15.07.2008, wherein the following observations have been made:- CWP No.3300 of 2009 : 3 : “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.” The aforesaid observations are squarely applicable to the facts of the present writ petitions. In view of the above, the present writ petition is allowed. The impugned orders, Annexure P-2 and P-3 are hereby quashed and set aside. If any, recovery is made from the salary of the petitioner CWP No.3300 of 2009 : 4 : pursuant to the impugned orders, the same be refunded to him within three months. 14.01.2010 (PERMOD KOHLI) BLS JUDGE