High Court Punjab-Haryana High Court

Mahabir Singh vs State Of Haryana And Others on 11 September, 2009

Punjab-Haryana High Court
Mahabir Singh vs State Of Haryana And Others on 11 September, 2009
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.
                         *****

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ACP scale already granted were withdrawn.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