CIVIL WRIT PETITION NO. 7944 OF 2007 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: February 13, 2008 Parties Name Kashmir Singh and another ..PETITIONERS VERSUS State of Haryana ...RESPONDENT CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE JASWANT SINGH PRESENT: Mr. Dharmender Singh Rawat, Advocate, for the petitioners. Mr. Harish Rathee, Sr. DAG, Haryana, for the respondents. JASBIR SINGH, J. (oral) Order. Petitioners were working as Clerks in Municipal Committee, Rohtak. On abolition of octroi duty, their posts became surplus. Policy decision was taken by the Government to adjust them in other Departments. Accordingly, by passing order dated December 24, 1999( P-1), they were absorbed as 'Sub Inspectors' of Co-operative Societies in the State of Haryana. It is very clearly mentioned in order Annexure P-1 that they were being posted in the above said department on transfer basis. It was further said that they shall join as junior-most employees in the above said category CIVIL WRIT PETITION NO. 7944 OF 2007 -2 and further that they shall be entitled to get pay and pensionary benefits by calculating their past service. It was specifically stated that they will not get any benefit of the past service so far as seniority is concerned. Vide orders Annexures P-5 and P-6 dated August 26, 2002, and October 23, 2001, respectively, assured career progression pay scale was granted to them. Thereafter on April 23, 2007, some clarification was issued by the Registrar, Co-operative Societies, State of Haryana, ( P-7), wherein it was mentioned that for grant of above said scale, benefit of the past service shall not be granted to those employees, whose services were transferred from different municipalities of the State of Haryana. Hence this writ petition. Counsel for the parties heard. 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 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. CIVIL WRIT PETITION NO. 7944 OF 2007 -3 In view of facts, mentioned above, this writ petition is allowed and it is held that first assured career progression pay scale was rightly given to the petitioners. ( Jasbir Singh ) Judge ( Jaswant Singh) February 13, 2008. Judge DKC