CWP No. 3548 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 02.03.2010 Ved Parkash and others Vs The State of Haryana and others CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Ram Niwas Sharma, Advocate. Mr.RS Kundu, Addl. AG, Haryana. -- PERMOD KOHLI, J. (Oral): Notice of motion. On the asking of the Court, Mr. RS Kundu, Addl. AG, Haryana, accepts notice on behalf of the respondents. Requisite number of copies of the writ petition have been supplied to him today itself in Court by the learned counsel for the petitioner. With the consent of the learned counsel for the parties, this petition is being disposed of at the motion stage. The petitioners were appointed as Live Stock Supervisor/Cluster Supervisor under Haryana Diary Development Corporation Federation Limited on various dates mentioned in the writ petition. The staff was declared surplus. The petitioners were absorbed in the Animal Husbandary Department in the year 1993. The pay of the petitioners was ordered to be protected. In the year, 1994 the department introduced scheme of Higher Standard Pay Scale CWP No. 3548 of 2010 2 applicable with effect from 1.1.1994 by which every employee of Group-C and Group-D has been allowed the higher standard pay scale on completion of 10/20 years of regular service. The petitioners requested for higher standard pay scale in view of the service rendered in the previous department. The same relief has been granted to other employees who were similarly situated but their request has been rejected by the respondents vide order dated 14.1.2010 without assigning any reason. Accordingly, the petitioners have filed this petition claiming benefit of ACP. It is this order which has been challenged by the petitioner in the present writ petition. The respondents in the reply filed, have reiterated the averments made in the impugned orders. I have heard the learned counsel for the parties at length. The issue raised in the writ petitions is no more res integra. A similar issue came up for consideration before Hon'ble the Supreme Court in the case of State of Haryana and another Vs. Deepak Sood and others, (Civi Appeal No.4446 of 2008) decided 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 CWP No. 3548 of 2010 3 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 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 14.01.2010 (Annexure P-6) is hereby quashed and set aside and the petitioners are held entitled to Higher Standard Pay Scale/ACP. No costs. 02.03.2010 (PERMOD KOHLI) BLS JUDGE