IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 936 of 2010 Date of Decision: 20.1.2010. Shifakat Ali --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.S. Mamli, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion to respondents no.1 to 3 only. Mr. R.K.S. Brar, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents. Keeping in view the controversy involved in this petition, same is being disposed of at the motion stage itself with the consent of learned counsel for the parties. The petitioner joined the Municipal Committee, Jagadhari as Water Meter Reader in September, 1979. His services were regularized on 15.2.1982. The Haryana Govt. issued notification, whereby all the functions, duties and responsibilities of Municipal Committees taken over by the PWD Public Health Department w.e.f. 2.4.1993. The services of the employees engaged for the purpose were also taken over. The petitioner was accordingly transferred to the PWD Health Department vide order dated 9.11.2001, where he was absorbed on the post of Clerk. The petitioner has prayed for grant of ACP benefit by taking into consideration the service rendered by him in the Municipal Committee. The petitioner has even served legal notice in this regard but no decision has been taken CWP. No. 936 of 2010 -2- thereon till date. 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, 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 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 Municipal Committee, Jagadhari for purposes of grant of ACP benefit within a period of three months from the date certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 20.1.2010. lucky