IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 15111 of 2007 Date of Decision: February 24, 2009 Shankar Lal ...... Petitioner Versus State of Haryana and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Anand Bhardwaj, Advocate for the petitioner. Mr.Harish Rathee, Senior DAG, Haryana. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. This petition has been filed by the petitioner for the claim of 1st ACP scale w.e.f. December ,1999. The petitioner was initially appointed as Chaukidar-cum- Mali in Municipal Committee, Palwal on 27.03.1984. He was promoted on 20.12.1989 to the post of Clerk on the basis of seniority-cum-merit. Thereafter a number of employees of the municipalities including the petitioner were transferred to PWD (Public Health)Division, Palwal on 30.12.1999. The State of Haryana vide notification dated 07.01.1998 granted the first ACP scale to its employees who had rendered regular satisfactory service of 10 years but the claim of the petitioner for the same CWP No. 15111 of 2007 -2- was declined on the ground that he was already promoted. Learned counsel for the respondents is not in a position to deny that the same question was decided by the Hon'ble Supreme Court in Civil Appeal Nos. 4446, 4447 and 4448 of 2008 on 15.07.2008 which was subsequently followed by Division Bench of this Court in CWP No. 15715 of 2008 decided on 27.11.2008. This writ petition is accordingly allowed and the respondents are directed to count the period of service of the petitioner during his earlier appointment for the purpose of fixation of pay and grant of 1st ACP scale. (AJAY TEWARI) JUDGE February 24, 2009 sunita