CWP No 114 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.114 of 2009 Date of Decision: May 27, 2009 Shamsher Singh ...... Petitioner Versus State of Haryana and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Ms.Tejender K.Joshi, Advocate for the petitioner. Mr.Harish Rathee, Senior DAG, Haryana for the respondents. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. Initially the petitioner was appointed as Octroi Clerk in Municipal Committee, Gohana but on the abolition of the said post he was posted as Gram Sachiv in the office of Block Development and Panchayat Officer, Gohana. On completion of 10 years of service on 13.3.2001 he became entitled to 1st ACP Scale but the respondents treating him as fresh entrant did not grant him the said scale. Learned counsel for the petitioner has relied upon a decision of this Court in CWP No. 15039 of 2003 titled as Hari Parkash and others v. State of Haryana and others filed by some similarly situated persons i.e. the CWP No 114 of 2009 2 employees of the Octroi Branch of the Municipal Committee, Panipat, who, having been absorbed in Education Department, Haryana after the abolition of Octroi, were also denied the same benefit. The said writ petition was allowed and SLP filed against the same by the State was also dismissed. Learned counsel for the respondents is not in a position to deny that the same question was decided by the Hon'ble Supreme Court in Civil Appeal Nos. 4446, 4447 and 4448 of 2008 on 15.07.2008 which was subsequently followed by Division Bench of this Court in CWP No. 15715 of 2008 decided on 27.11.2008. This writ petition is accordingly allowed and the respondents are directed to count the period of service of the petitioner during his earlier appointment for the purpose of granting of 1st ACP scale. (AJAY TEWARI) JUDGE May27, 2009 sunita