Gurcharan Singh vs State Of Hy . Etc
2024 Latest Caselaw 16230 P&H

Punjab-Haryana High Court

Gurcharan Singh vs State Of Hy . Etc on 4 September, 2024

                                      Neutral Citation No:=2024:PHHC:115672



 CWP-633-2004 (O&M)                 - 1-


            IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
499
                                                      CWP-633-2004 (O&M)
                                                      Date of decision: 04.09.2024
Gurcharan Singh
                                                                       ....Petitioner
                                Versus

State of Haryana and Others
                                                                      ...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                  *****
Present : Mr. Abhinav, Advocate for the petitioner

       Mr. Tapan Kumar, DAG Haryana
                            *****
AMAN CHAUDHARY, J. (ORAL)

1. The prayer made in the present petition is for direction to respondent

to grant the second ACP to the petitioner w.e.f. 01.10.2001 as it had been vide

order dated 15.01.2002, however, wrongly withdrawn vide order dated

20.11.2003, Annexure P-9, even though as per the order dated 11.01.2000,

Annexure P-1, as per which the period rendered in Municipal Committee prior to

absorption in the Government Department was to be counted for pay protection

and pension but not for seniority. The aspect of pay protection to include grant of

ACP as well, relating to similar service staff stands decided in favour of the

petitioner by Hon'ble the Supreme Court in State of Haryana and Another vs.

Deepak Sood and Others in Civil Appeal No.4446 of 2008, decided on

15.07.2008, relevant para whereof reads thus:

"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

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Neutral Citation No:=2024:PHHC:115672

CWP-633-2004 (O&M) - 2-

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."

2. Learned State counsel despite his best efforts has been unable to

controvert the factual position and draw out any distinctive aspects in the

aforementioned judgments or cite any contrary law.

3. In wake of the aforesaid, the present petition is disposed of in terms

of the judgment passed in Deepak Sood (supra).

                                                  (AMAN CHAUDHARY)
                                                        JUDGE
04.09.2024
M.Kamra

      Whether speaking/reasoned               :      Yes / No
      Whether reportable                      :      Yes / No




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