IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.M. No. 492 of 2010 & CWP. No. 6461 of 2009 Date of Decision: 21.1.2010. Phool Chand and another --Petitioners Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. B.K. Bagri, Advocate for the petitioners. Mr. R.K.S. Brar, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) C.M. No. 492 of 2010 Application is allowed. Replication is taken on record. CWP No. 6461 of 2009 Both the petitioners joined in the Municipal Committees of Barara and Ambala as Peons in the year 1983. Services of petitioner no.1 were regularized w.e.f. 1.7.1984, whereas petitioner no.2 was appointed on regular basis on 28.5.1983. Thereafter, staff of Municipal Councils in State of Haryana was declared surplus, as a result whereof petitioners were adjusted in the department of Prison, Haryana. Both the petitioners have prayed for grant of ACP benefit by taking into consideration the service rendered by him in the Municipal Committee. The petitioner have even made representations (Annexures P-10 & P-11) in this regard but no decision has been taken thereon till date. C.M. No. 492 of 2010 & CWP. No. 6461 of 2009 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, 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 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 petitioners in Municipal Committee for purposes of grant of ACP benefit within a period of three months from the date certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 21.1.2010. lucky