CWP No.7669 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh Date of decision:14.01.2010 Jai Singh and others Vs. State of Haryana and others CORAM: HON'BLE MR.JUSTICE PERMOD KOHLI Present: Mr.Deepak Balyan, Advocate, for the petitioners. Mr.Rameshwar Malik, Addl.AG, Haryana. Mr.DK Khanna, Advocate. -- PERMOD KOHLI, J. (Oral): I have heard the learned counsel for the parties at length. The petitioners are working as Patwaris in the revenue department. Earlier they were the employees of the Haryana State Minor Irrigation and Tubewell Corporation. The said Corporation was closed. The petitioners were absorbed in the Haryana State as per the policy decision of the State of Haryana dated 5.1.1990 (Annexure P-1). The petitioners are claiming the ACP benefit by counting their service rendered in the Corporation and also prayed that the said period be counted for other service benefits. It is stated that the petitioners are ready and willing to deposit the amount of CPF contribution with the respondent-State. It is further stated that the petitioners had made a detailed representation vide Annexure P-7 to the respondents to decide CWP No.7669 of 2009 : 2 : the claim of the petitioners, but the same has not been decided till date. The respondents have filed the written statement and the claim of the petitioners has been disputed. The issue raised in the present writ petition is no more res integra. A similar issue came up for consideration before Hon'ble the Supreme Court in the case of Employees of the Octroi Branch of the Municipal Committee of the State of Haryana. 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 CWP No.7669 of 2009 : 3 : appeal. Consequently, this appeal is dismissed but with no order as to costs.” The aforesaid observations are squarely applicable to the facts of the present writ petitions. In view of the above, the present writ petition is disposed of with a direction to the respondents to consider the claim of the petitioners for grant of ACP and other service benefits in the light of the judgment of the Hon'ble Supreme Court referred to here-in-above. The petitioners have undertaken to deposit the CPF contribution. Let the entire exercise be completed within a period of four months from the date a certified copy of this order is made available to the competent authority. No costs. 14.01.2010 (PERMOD KOHLI) BLS JUDGE Whether to be referred to the Reporter? YES/ NO