IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 4115 of 2010. Date of Decision: 9.3.2010. Raj Kumar and others --Petitioners Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Sanjay Verma, Advocate for the petitioners. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. R.S. Kundu, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. The petitioners were employed in the Octroi Branch of Municipal Committee in the State of Haryana. In the year 1999 the State of Haryana abolished the Octroi department and consequently petitioners were absorbed in the Education Department. The petitioners have filed this petition seeking the benefit of 1st & 2nd ACP scale by taking into consideration the service rendered by them in the Municipal Committee. The controversy involved in the petition is squarely covered by a judgement of the Hon'ble Apex Court titled as State of Haryana and another Vs. Deepak Sood and others (Civil Appeal No. 4446 of 2008) wherein following observations have been made:- “ Therefore, in the series of judgements 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 CWP. No. 4115 of 2010. -2- 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 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 judgement 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.” In view of the above position, this petition is allowed. Respondents are directed to count the service rendered by the petitioners in Municipal Committee for purposes of grant of ACP scale within a period of three months from the date certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 9.3.2010. lucky