CWP No.4094 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision: 09.03.2010 Baljeet Singh (Gram Sachiv) Vs. State of Haryana and others CORAM: HON’BLE MR. JUSTICE PERMOD KOHLI Present: Mr.RS Mamli, Advocate,for the petitioner. Mr. RS Kundu, Addl. AG, Haryana, for the respondents PERMOD KOHLI, J. (Oral): Notice of motion. On the asking of the Court, Mr. RS Kundu, Addl. AG, Haryana, accepts notice on behalf of the respondents. Requisite number of copies of the paper books have been supplied to Mr. Kundu today itself in Court. With the consent of the learned counsel for the parties, the present writ petition is being disposed of at the motion stage. The petitioner joined with the Panchayat Samiti as Toll Post Moharir on 28.4.1977 on regular basis and continuously worked as such. In the year 1990, the post of Toll Moharir with the Panchayat Samiti and Municipal Committee has been abolished. Resultantly, the Toll Post Moharis were transferred to various other departments. Number of persons including the petitioner, were allotted to the Department of Development and Panchayat as Gram Sachiv in the month of January, 1991. The benefit of past service rendered in the previous department was also given for all intents and purposes except seniority. Past service benefit has been given to CWP No.4094 of 2010 2 a number of other employees, but the same has been denied to the petitioner. It is this action of the respondents which has been challenged in the present writ petition. The controversy involved in this petition is squarely covered by a Division Bench judgment of this Court in the case of Om Pati Vs. State of Haryana, 2007 (1) RSJ, 582. In this case also, the service rendered in Panchayat Samiti was claimed towards qualifying service. On consideration, this Court directed the respondents to consider the service rendered in Panchayat Samiti for the purposes of qualifying service and payment of pensionary benefit. In view of the above, the present writ petition is allowed. The respondents are directed to grant benefit of ACP by counting the service rendered by the petitioner in the Panchayat Samiti. Let claim of the petitioner be settled and consequential benefits be released to him within a period of three months from the date a certified copy of this order is made available to the competent authority. No costs. 09.03.2010 (PERMOD KOHLI) BLS JUDGE