State Of Haryana & Anr vs Deepak Sood & Ors

The respondents joined the service in the Octroi Branch of the Municipal Committee, Panipat. Subsequently due to closure of the Octroi Branch of the Municipal Committee in the State of Haryana, they were absorbed in the Education Department, Haryana. They applied for grant of the ACP Grade to the Sub Divisional Education Officer, Panipat. This claim was denied to them. Therefore, they filed a writ petition and claimed that they are entitled to the aforesaid benefit on account of having put in more than 10/20 years of service. The State Government contested the matter and took the stand that the respondents have not completed 10 years of service in the State of Haryana. Therefore, they are not entitled to the benefit of ACP Grade. It is alleged that they were the employees of Municipal Committee and have been absorbed by the State Government only in the year 2000. Therefore, -3- they are not entitled to ACP grade as they have not completed 10 years or 20 years of service in the State of Haryana.

The Division Bench after considering the matter came to the conclusion that so far as surplus staff of Municipal Committees are concerned who have been absorbed on transfer basis as per the decision of the Government will get all benefits except the seniority due to them. Accordingly, a declaration was given that the persons who have been declared surplus in Municipal Committee, Panipat and who have been absorbed in the State of Haryana will not get the seniority but all the other benefits will be given to them. As a result of this, the respondents' services rendered by them in Municipal Committee have been counted for grant of ACP Grade.

The admitted facts are that the respondents were employees of the Municipal Committee, Panipat and they have been absorbed in the State of Haryana on terms and conditions which shall be reproduced hereafter. Now, the question is whether the service put in by them in the -4- Municipal Committee should be counted or not for the benefit of ACP grade. The condition on which they were appointed in the State of Haryana clearly stipulated that these officials shall be appointed on transfer basis and shall join as junior most employees in the categories on the date of appointment. These employees shall be eligible for pay and pensionary benefits of their past service. However, no benefit of past service in seniority matters shall be given when being adjusted in the department. The Government has granted various relaxations required for these adjustments. The relevant portion of the order reads as under :-

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 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 but with no order as to costs.

Civil Appeal No.4446 arising out of SL(C) No.14099 of 2006 and Civil Appeal No.4448/2008 arising out of SLP(C) No.3297 of 2007 Delay condoned.

For the reasons stated above, these two appeals are also dismissed. No order as to costs.