IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 7619 of 2006 ( O&M ) DATE OF DECISION : 26.03.2009 Kailash Chander Bhati .... PETITIONER Versus State of Haryana and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Sunil Kumar Bhardwaj, Advocate, for the petitioner. Ms. Sushma Chopra, Addl. A.G., Haryana, for the respondents. * * * SATISH KUMAR MITTAL , J. The petitioner was appointed as Octroi Clerk on 29.6.1981 in Municipal Committee, Bhiwani. In the year 1998-99, when the Government of Haryana abolished the octroi, the petitioner became surplus. Consequently, he was appointed on transfer basis in the Industrial Training Institute, Women Wing, Bhiwani with effect from 30.12.1999. As on 30.12.1999, the petitioner was drawing the basic pay of Rs. 4,700/-. After his appointment on transfer basis, his pay was fixed at Rs. 4,400/- in the pay scale of Rs. 4000-100-4800-EB-100-6000 with effect from 1.1.1996 after giving him the benefit of 1st ACP Scale. Subsequently, the respondents by CWP No. 7619 of 2006 -2- issuing a show cause notice withdrew the ACP Scale given to the petitioner and fixed his pay from pay scale Rs. 4000-6000 to the pay scale Rs. 3050- 4590. The said order has been challenged by the petitioner. Counsel for the petitioner contends that the similarly situated employees had filed CWP No. 15039 of 2003, whereby they sought direction to the respondents to grant them 1st/2nd ACP as admissible to the Government employees from the date they had completed 10/20 years of service, with consequential relief. In that case also, a stand was taken by the respondents that since those employees were appointed on a different basis as fresh after they were absorbed, therefore, they were not entitled for counting of their past service for the purpose of granting 1st/2nd ACP to them. The said writ petition was allowed by this Court and it was held that those employees were entitled to all the benefits on account of their absorption except seniority and to count the service rendered in the Municipal Committee for the purpose of computing the period of service for the grant of ACP scales. Counsel for the petitioner further states that the State of Haryana filed SLP against the said judgment and the same has been dismissed by the Apex Court on 15.7.2008, while making the following observations : “A perusal of these terms and conditions makes it clear that what is being lost by these surplus staff is their seniority. They will have to get zero seniority in the new Department but their past service has been counted for fixation of pay as well as pensionary benefits. The scheme of ACP Grade came CWP No. 7619 of 2006 -3- subsequently. On that basis the respondents made a grievance that they were being denied the benefit of ACP and the services rendered by them in the Municipal Committee has not been counted for the purposes of calculating 10/20 years of service in the Department. It is a misfortune that the respondents have been declared surplus in the Municipal Committee, Panipat but the Government has been benevolent to them and absorbed them in the State Government but denied them the benefit of past service for the purpose of seniority. However, at the same time they have counted their past service for the purpose of pay and pensionary benefits. Once the Government considered them eligible for fixation of pay and pensionary benefit and counted their past service then there is no reason why ACP grade should be denied to them. Having lost, at one hand their seniority in the new department, it would be unfair to deny them the benefit of ACP grade. When the Government counts their past service for grant of the benefit of pay fixation and pension, there is no reason why their past service should not be given the benefit of ACP Grade.” Counsel further submits that 23 writ petitions, filed by other similarly situated employees have also been allowed in the same terms by this Court vide order dated 28.7.2008, passed in CWP No. 8013 of 2008, titled Raj Kumar versus State of Haryana and others. These facts have not been disputed by the State Counsel. In view of the above facts, the impugned orders dated 7.2.2006 and 1.5.2006 are set aside and the respondents are directed to grant the ACP scales to the petitioner after counting the previous service rendered by him CWP No. 7619 of 2006 -4- in the Municipal Committee, expeditiously and preferably within a period of three months. Accordingly, the writ petition is allowed. March 26, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE