CIVIL WRIT PETITION NO. 9137 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: July 03, 2008 Parties Name Pardeep Kumar and others ..PETITIONERS VERSUS State of Haryana and another ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE L. N. MITTAL PRESENT: Mr. R.K.Malik, Sr. Advocate, with Mr. Parveen Kumar Rohilla, Advocate, for the petitioners. Mr. Harish Rathee, Sr. D.A.G., Haryana; JASBIR SINGH, J. (oral) Order. This order will dispose of three writ petitions, i.e., CWP No. 9137, 1628 and 15166, all of the year 2007, as common questions of law and facts are involved in all these cases. For facility of dictating order, facts are being taken from CWP No. 9137 of 2007. Petitioners are the former employees of Municipal Committee (s), situated within the State of Haryana. On abolition of the octroi duty, their posts became surplus and by taking a conscious decision, they were absorbed in other departments of the State of Haryana by way of transfer. By taking note of service, rendered by them in the Municipal Committees, they were granted benefit of first ACP scale, which has now been ordered to be withdrawn vide order Annexure P-5 dated April 23, 2007. Hence this CIVIL WRIT PETITION NO. 9137 OF 2007 -2- writ petition. Counsel for the parties heard. Shri Malik submits that to get relief, as claimed by the petitioners, their case is squarely covered by ratio of the judgment of this Court in CWP No. 8213 of 2007 (Kuldip Kumar and another v. State of Haryana and others), rendered on February 26, 2008. Shri Rathee has failed to show us anything to the contrary. In the above said writ petition, the facts were same and by noting those facts, following order was passed: “After hearing counsel for the parties, we are satisfied that vide ratio of the judgment, referred to above, case is covered in favour of the petitioners. In that case, similar controversy was involved and while deciding the same, it was observed thus: “ It is apparent from the records that many similarly situated employees came to this Court by filing civil writ petition No. 15039 of 2003. On August 2, 2005, when deciding that writ petition, this Court held them entitled to get benefit of higher pay scale. We are of the view that the case of the petitioners is fully covered by ratio of the judgment, referred to above. Not only this, it is apparent from the records that the petitioners were absorbed in the Co-operation Department by way of transfer, as such now it is not open to the authorities to deny them benefit of the service, rendered by them in Municipal Committees. They may not get benefit of the past service with regard to seniority, but for getting the higher pay scale, they are definitely entitled to get benefit of that period. Otherwise also, orders Annexures P-5 and P-6, which were passed in the years CIVIL WRIT PETITION NO. 9137 OF 2007 -3- 2002 and 2001 respectively, had become final when order Annexure P-7 was issued. Retrospective effect could not have been given to order Annexure P-7.” In view of facts mentioned above, we allow these writ petitions and quash order Annexure P-5 in both the petitions and restore the earlier orders, vide which benefit of ACP scale was granted in favour of the petitioners.” Same is the ratio of a Division Bench of this Court in Kashmir Singh and another v. State of Haryana, CWP No. 7944 of 2007, decided on February 13, 2008. We are of the view that the case(s) of the petitioner(s) is squarely covered by ratio of the judgments, referred to above. Accordingly, we allow these writ petitions in the same terms as in the case of Kuldip Kumar's case (supra). ( Jasbir Singh ) Judge ( L.N.Mittal ) July 03, 2008. Judge DKC