Civil Writ Petition No. 18295 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 18295 of 2008
Date of decision: 11.9.2009.
Mahabir Singh ...petitioner
Versus
State of Haryana and others ...respondents.
CORAM: HON'BLE MR. JUSTICE RANJIT SINGH
Present: Mr. R.N. Sharma, Advocate
for the petitioner.
Mr. Harish Rathee, Sr.DAG, Haryana
for the State.
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RANJIT SINGH J.
The petitioner was appointed as Peon-cum-Chowkidar in
Municipal Committee, Hansi on 26.4.1991. The State Government
abolished the Octroi in the State on 13.1.2000. The employees
working with the Municipal Committees were rendered surplus. They
were adjusted/absorbed in the government service. The petitioner
accordingly was absorbed as Peon in the Industrial Training and
Vocational Education Department, Haryana. He joined the said
department on 13.1.2000. Director, Urban Development, Haryana
through his communication dated 7.5.2001 clarified that the surplus
staff of Municipal committee would be entitled to all the benefits of
ACP scale etc. for the previous service rendered by them except for
the purpose of seniority. Accordingly, such employees were also
held entitled to Earned leave, Casual leave, ACP scales etc. Copy of
this order in this regard is Annexure P-4. The petitioner retired from
service on 31.5.2006. His pension and pensionary benefits were not
released. The petitioner, accordingly, prayed for release of pension
Civil Writ Petition No. 18295 of 2008 2
and pensionary benefit. The matter remained pending for
considerable period when the petitioner served a legal notice on
27.12.2007. It was found that respondent No.4 informed the
petitioner through letter dated 19.6.2008 that the Principal, Industrial
Training Institute, Hisar has refixed his pay by reducing the same
from Rs. 3860/- to Rs. 2900/- as the benefit of pay protection and
ACP scale already granted were withdrawn.
Accountant General, Haryana issued a report on
10.9.2008 intimating that the petitioner’s previous service rendered in
the Municipal Committee has been computed while issuing pension
order. Accountant General, Haryana, thereafter, directed Principal,
Government Vocational Education Institute, Rania (Sirsa) to make
recoveries over and above the amount of gratuity of Rs. 40,455/-,
which has been withheld. The counsel for the petitioner would refer
to Division Bench judgment of this Court passed in CWP No. 15039
of 2003 titled as Hari Parkash and others versus State of Haryana
and others decided on 2.8.2005, whereby it is held that the
employees are entitled to count service rendered in the Municipal
Committee for the purpose of ACP scales. Civil Appeals filed against
this judgment in the cases of State of Haryana and another versus
Deepak Sood and others, State of Haryana and another versus
Hari Parkash and others and State of Haryana and another
versus Dhani Ram have also been dismissed by the Hon’ble
Supreme Court on 15.7.2008.
In the reply filed, it is stated that the petitioner, who was
working as Peon-cum-Chowkidar in the Octroi was absorbed in the
employment by taking a sympathetic view. It is further stated that he
Civil Writ Petition No. 18295 of 2008 3
was given fresh appointment letter and was put in initial pay scale of
Peon. This was so stipulated in the terms and conditions that except
for pay protection he will not be entitled to the benefit of pay and
other seniority matters. Even this stand, if accepted would clearly
show that the petitioner was granted pay protection as the decision
taken by the Municipal Committee for the purpose of grant of ACP.
Similarly situated persons have been allowed the benefit of ACP.
Accordingly, the reasons advanced in the reply to justify
the impugned action cannot be sustained. The reason for which the
pay of the petitioner was been reduced does not survive any more.
Accordingly, the petitioner has filed this writ petition to impugn the
said order. Otherwise also, the relief claimed in the petition
apparently is covered by the decision rendered by the Division Bench
of this Court in CWP No. 15039 of 2003 titled as Hari Parkash and
others versus State of Haryana and others, which was allowed on
2.8.2005. The SLP filed against this has also been dismissed. Copy
of which is at Annexure P-11. Accordingly, the writ petition is
allowed in the same terms. It is accordingly directed that impugned
order dated 23.11.2007, Annexure P-6, and 19.6.2008, Annexure P-
7, by which the petitioner was denied his pay protection in ACP are
set aside. The respondents are directed to release the pension and
pensionary benefits to the petitioner on the basis of pay earlier drawn
by him. Recoveries as ordered through the impugned order dated
10.9.2008 and 16.9.2008 are also quashed. There shall, however,
no order as to costs.
September 11, 2009 ( RANJIT SINGH ) rts JUDGE