CWP No.597 of 2010 : 1 : In the High Court of Punjab and Haryana at Chandigarh Date of decision: 02.02.2010 Dharam Pal Vs. State of Haryana and others CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.SK Bhardwaj, Advocate, for the petitioner. Mr.RKS Brar, Addl.AG, Haryana, for the respondents. PERMOD KOHLI, J. (Oral): The petitioner was appointed as Octroi Clerk on regular basis on 14.4.1979 in the pay scale of Rs.110-225/-. The petitioner was granted the first Higher Standard Scale on completion of eight years of regular service and his pay was fixed in the pay scale of Rs.950-1500. On revision of pay scales, the pay of the petitioner was fixed in the corresponding scale of Rs.1200-2040/- which was made effective from 1.1.1986. The petitioner was granted second Higher Standard Scale of Rs.1400-2600/- with effect from February, 1999. The Haryana Assured Career Progression Rules came into force in the year 1998 and the petitioner was granted the pay scale of Rs.4000- 6000/- w.e.f. 1.1.1996 in the shape of revised/corresponding scale of Rs.1400-2600/-. On completion of 20 years service, the petitioner was granted the benefit of second ACP in the pay scale of Rs.5000-7850/- vide order dated 13.07.2000. The Octroi department was abolished in CWP No.597 of 2010 : 2 : the year 1999 as a result of which the staff working in the Municipal Committees was rendered surplus and the government of Haryana took policy decision for adjustment/absorption of the said surplus staff in various departments, Board and Corporation of the State of Haryana and that the absorbed employees shall be eligible for pay and pensionary benefits of their past service rendered in the Municipal Committee. It was further decided that the adjustment of such absorbed employees will not be treated as fresh one and they will be paid their salary as per the last pay certificate issued by the concerned Municipal Committees and the same shall be considered for the benefit of ACP/pensionary benefits. The petitioner was adjusted/absorbed by way of transfer in the office of the Block Development and Panchayat Officer, Charkhi Dadri-II, District Bhiwani and joined his service on 6.1.2000. On 1.5.2009 the petitioner became entitled for the benefit of third ACP in the scale of Rs.5000-7850/-. The same has not been granted to the petitioner. The petitioner approached respondent No.5 time and again and brought to his notice the judgments passed by this Court on the subject, but to no avail whereas same benefit has been granted to other persons. Hence, this petition. I have heard the learned counsel for the parties at length. The issue raised in the writ petitions is no more res integra. A similar issue came up for consideration before Hon'ble the Supreme Court in the case State of Haryana and another Vs. Deepak Sood and others (Civil Appeal No.4446 of 2009) decided on CWP No.597 of 2010 : 3 : 15.07.2008, wherein on consideration of the issue, the Hon'ble Supreme Court made the following observations:- “Therefore, in the series of judgments 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 any 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 not 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 judgment 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.” CWP No.597 of 2010 : 4 : The aforesaid observations are squarely applicable to the facts of the present writ petitions. In view of the above, this petition is allowed and the respondents are directed to consider the period of service rendered by the petitioner in the Municipal Committee concerned for all intents and purposes except the seniority. The relief claimed by the petitioner be determined and the benefit be released within a period of four months in accordance with law from the date a copy of this order is made available to the competent authority. No costs. 02.02.2010 (PERMOD KOHLI) BLS JUDGE