IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16071 of 2008 Date of decision:28.01.2010 Anil Kumar ....Petitioner versus State of Haryana and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. R.S. Mamli, Advocate, for the petitioner. Mr. Ravi Dutt Sharma, Deputy Advocate General, Haryana. ---- 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 ? ---- K.Kannan, J. (Oral) 1. The writ petition seeks for quashing the proceedings of the Director, Development and Panchayat, Haryana, the 2nd respondent, rejecting the claim of the petitioner for counting the period of his service in the Municipal Committee for ACP scales and seniority benefits. The learned counsel appearing for the petitioner states the issue of counting of period of service in the Municipal Committee when he was working as staff in the octroi department would require to be counted when octroi was abolished and all the employees were absorbed in various departments of the State. The issue has come for consideration regarding Civil Writ Petition No.16071 of 2008 - 2 - the application of ACP grades and the relevance of the period of service in the former establishment in The State of Haryana and others Versus Vijay Kumar Sharma in Civil Appeal No.9135 of 2008 dated 18.07.2008 where the Hon’ble Supreme Court held that the benefit of past service rendered in the parent department which is relevant for fixation of pay and pensionary benefits should mean that past service would be relevant and counted also for the grant of ACP grade. 2. Counsel for the State only contends that the period of regular service in the previous establishment alone would be relevant and that the petitioner’s period of service as a daily wager ought not to be considered. For the purpose of ACP grade according to the Civil Service Rules applicable to Haryana, the period of regular service alone would be relevant and according to him, the petitioner had been regularized in service only in the year 1993 and after the abolition of octroi, the petitioner had been absorbed in the panchayat office in the year 2000. 3. The learned counsel would be satisfied for the present to have a reckoning that the period of service as a regular employee in the previous establishment alone is counted for the purpose of consideration of ACP grade. The petitioner seeks for liberty to urge the contention regarding the entitlement to count the period of service as a daily wager also in independent proceedings on better particulars to be given in the affidavit. If the petitioner is entitled to such a reckoning, the petitioner will be at liberty to urge for such a position by means of an independent action. 4. For the present suffice to rule that the impugned order of the Civil Writ Petition No.16071 of 2008 - 3 - 2nd respondent denying even the period of service as regular employee from the previous establishment for consideration of ACP grade in the present department of the Government, is set aside and the respondent shall count the period of service rendered in the previous establishment as a regular employee for refixation of the scales if the petitioner comes within a relevant number of years prescribed under the service rules. The impugned proceedings are quashed to that extent only. The writ petition is ordered in the light of what is stated above. The exercise shall be completed within a period of 8 weeks from the date of the receipt of the copy of the order. (K.KANNAN) JUDGE 28.01.2010 sanjeev