IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No.10590 of 2009 Date of Decision: 21.4.2010. Ram Bhaj --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Hari Om Sharma, Advocate for the petitioner. Mr. R.K.S. Brar, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) The petitioner was appointed as a Clerk in the Haryana State Minor Irrigation Tubewells Corporation Ltd. (for short H.S.M.I.T.C.), a public sector undertaking. In the year 1990 the employees of H.S.M.I.T.C rendered surplus and in accordance with the instructions of Haryana Govt. the staff of the said department was absorbed in other departments. Petitioner was also absorbed in the office of Deputy Commissioner, Panipat. Petitioner has filed this petition seeking the benefit of 1st & 2nd ACP scale by taking into consideration the service rendered by him in the H.S.M.I.T.C. 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 (Civil Appeal No. 4446 of 2008) 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 CWP. No.10590 of 2009 -2- 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 petitioner in H.S.M.I.T.C for purposes of grant of ACP scale within a period of three months from the date certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 21.4.2010. lucky