CWP No.13316 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh Date of decision: 03.03.2010 Hawa Singh Vs. State of Haryana and others. CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.PL Verma, Advocate,for the petitioner. Mr.RKS Brar, Addl.AG, Haryana, for the respondents. PERMOD KOHLI, J. (Oral): Heard the learned counsel for the parties at length. The petitioner was initially appointed in the Municipal Committee as Octroi Clerk on 6.11.1976. The pay scales of the Municipal Committee employees were revised from time to time. The petitioner was placed in the pay scale of Rs.5000-7850/- in terms of the government letter dated 2.1.2000 and his pay was fixed at Rs.5150/- with effect from 1.12.1997 onwards. Later, the petitioner and other similarly situated employees were transferred and absorbed on regular basis in the government service. The petitioner was granted the benefit of ACP on the basis of length of service. Vide the impugned order Annexure P-2, the pay scale of the petitioner has been reduced and he has been placed in the pay scale of Rs.3000-4590/-. In paragraph 3 of the reply, it is stated that the petitioner is not entitled to the benefit of past service rendered by him in the Municipal Committee. The other plea raised is that against the other similar judgment, SLP has been filed and in the Hon'ble Supreme Court which is CWP No.13316 of 2009 : 2 : pending disposal. Insofar the controversy regarding the counting of past service rendered by the petitioner in the Municipal Committee for the purpose of grant of ACP is concerned, the issue is no more res integra in view of the decision rendered by the Hon'ble Supreme Court in the case of State of Haryana and another Vs. Deepak Sood and others, (Civil Appeal No.4446 of 2008) on 15.07.2008, wherein the following observations have been made:- “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 appeal. Consequently, this appeal is dismissed CWP No.13316 of 2009 : 3 : but with no order as to costs.” The aforesaid observations are squarely applicable to the facts of the present writ petition. In view of the above, the present writ petition is allowed. The impugned order dated Annexure P-2 is hereby quashed and set aside and the petitioner is held entitled to ACP scale on the basis of length of service by counting the service rendered in the Municipal Committee. No costs. 03.03.2010 (PERMOD KOHLI) BLS JUDGE