CWP No.4008 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 8.3.2010 Rajesh Mittal and others ...Petitioners VERSUS The State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Ashwani Verma, Advocate for the petitioners Mr.RS Kundu, Addl.A.G., Haryana Permod Kohli, J. (Oral) Notice of motion. Mr.RS Kundu, Addl.A.G., Haryana who is present in Court has been asked to accept notice on behalf of the respondents. Keeping in view the prayer made and with the consent of the counsel, this petition is disposed of at motion stage. The petitioners were serving as Octroi Clerks in Municipal Committees. In the year 1999, Octroi was abolished by the State of Haryana and the surplus staff was adjusted in various Government departments. The petitioners was also adjusted in the respondents' department. The grievance of the petitioners is that the period of service CWP No.4008 of 2010 2 rendered by them in the Municipal Committee has not been taken into consideration for the purpose of grant of various benefits, including the benefit of ACP. The controversy involved in this petition is squarely covered by the judgment of Hon'ble Supreme Court in the case of State of Haryana and Anr. vs. Deepak Sood & Ors (Civil Appeal No.4446 of 2008 decided on 15.7.2008 wherein following directions have been issued:- “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 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....” This petition is accordingly allowed in terms of the aforesaid judgment. The petitioners shall be entitled to the benefit of the service rendered in the Municipal Committees, for the purpose of grant of ACP CWP No.4008 of 2010 3 benefits. Let the claim of the petitioners be considered and settled in terms of the aforesaid judgment within a period of three months. (PERMOD KOHLI) JUDGE 08.3.2010 MFK