IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.6622 of 2009 Date of Decision : March 10, 2010. Anil Sandhir .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.V.K.Sandhir, Advocate, for the petitioner. Mr.B.S.Chahal, DAG, Punjab. -.- 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? --- Surya Kant, J. (Oral) The petitioner is working as a Superintendent in the Education Department, Government of Punjab. He seeks a mandamus to direct the respondents to grant him the Conveyance Allowance/Disability Allowance as well as the Assured Career Progress Pay (ACP) on completion of 9 years of service. Notice of motion was issued and pursuant thereto, the respondents have filed their counter-reply. Learned counsel for the petitioner states that so far as the first two reliefs i.e. Conveyance Allowance and Disability Allowance are concerned, the petitioner does not press the same. He confines his claim C.W.P.No .6622 of 2009 2 qua ACP only which is due w.e.f. 24.7.2004. The only ground taken by the respondents to deny the ACP to the petitioner is that a case FIR No.172 dated 23.7.2007 has been registered against him under Sections 420, 465, 472, 170, 120-B IPC at Police Station City, Rajpura. Though the petitioner has not been named in the FIR, however, even if his involvement assumed at this stage, yet the plea taken by the respondents appears to be inconsequential for the reason that the ACP became due on completion of 9 years' service on 24.7.2004 and admittedly, there existed no adverse material against him on the said date. The subsequent registration of the FIR cannot be used to deprive the petitioner from the service benefits which became due in July, 2004. The writ petition is accordingly allowed and the respondents are directed to consider the case of the petitioner for the grant of ACP afresh and on the basis of the service record as on due date i.e. 24.7.2004. The needful shall be done within a period of three months from the date of receiving a certified copy of this order. Dasti. March 10, 2010 (SURYA KANT) Mohinder JUDGE