CWP No. 14668 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 14668 of 2008 Date of Decision: March 24, 2009 Takdeer Singh ...... Petitioner Versus State of Haryana and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.B.K.Bagri, 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 Peon in Municipal Council, Ambala on 22.05.1983. He was promoted in May, 1995 to the post of Clerk on the basis of his qualification of Matric and worked up to 24.01.2000. Thereafter the surplus staff in Municipal Council Ambala Sadar was absorbed in Technical Education, Haryana and is presently working as Clerk in Government Polytechnic, Ambala City. 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 CWP No. 14668 of 2008 2 years . After the abolition of octroi the State of Haryana also issued instructions dated 24.12.1999 and 7.5.2001 vide which the employees of the State of Haryana were to be given all other benefits except their seniority i.e. except seniority their services will be counted for the purpose of ACP scales after their adjustment in other Govt. Departments. 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 March 24, 2009 sunita