Allowed

Deepak Jain S/Osh. Kalash Chand Jain and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC17 Feb 2010CWP/7923/2009

Case brief

AI extract

What is this about?

This writ petition concerned the fixation of ACP scale for petitioners who were absorbed from the Octroi department to the Municipal Committee. The Court allowed the petition directing respondents to count past service for the grant of ACP scale within three months.

What did the court decide?

Petition allowed; respondents directed to count service rendered by petitioners in Municipal Committee for grant of ACP scale within three months.

Deepak Jain S/Osh. Kalash Chand… — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP. No. 7923 of 2009 Date of Decision: 17.2.2010.

Deepak Jain & others

--Petitioners

Versus

State of Haryana and others --Respondents

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CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.

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Present:Mr. Naveen Daryal, Advocate for the petitioners. Mr. R.K.S. Brar, Addl. A.G., Haryana. ***

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PERMOD KOHLI.J (ORAL)

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The petitioners were appointed as Octroi Peon on regular basis w.e.f. 17.7.1990. In the year 1999 the State of Haryana abolished the Octroi department and consequently the petitioners were absorbed in the office of Distt. Vocational Educational Office in Karnal & Kurukshetra. The petitioners have prayed for grant of 1^st & 2^nd ACP scale by taking into consideration the service rendered by them in the Municipal Committee.

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The controversy involved in the petition is squarely covered by a judgement of the Hon'ble Apex Court rendered in Civil Appeal No. 4446 of 2008 titled as State of Haryana and another Vs. Deepak Sood and others, wherein following observations have been made:-

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“ Therefore, in the series of judgements 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

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CWP. No. 7923 of 2009

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-2-

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and pensionary benefits, there is no reason why the past service should 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 judgement 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.”

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In view of the above position, this petition is allowed. Respondents are directed to count the service rendered by the petitioners in Municipal Committee for purposes of grant of ACP scale within a period of three months from the date certified copy of this order is served upon the competent authority.

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(PERMOD KOHLI) JUDGE

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17.2.2010. lucky

Deepak Jain S/Osh. Kalash Chand Jain and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Deepak Jain S/Osh. Kalash Chand Jain and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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