State of Haryana
& ANR. Vs. Hardayal Singh Rawat  INSC 1043 (12 May 2009)
JURISDICTION CIVIL APPEAL NO. 3526 OF 2009 (Arising out of SLP(C) No.
6158/2004) State of Haryana & Ors. .. Appellant(s) Versus Hardayal Singh
Rawat .. Respondent(s) ORDER Leave granted.
Challenge in this
appeal, by special leave, is to a final judgment and order dated 14th November,
2002, passed by the High Court of Punjab & Haryana at Chandigarh in CWP No.
17983 of 2002. By the impugned order, without independently going into the
facts of the case, the High Court has allowed the writ petition, preferred by
the respondent, on the basis of its earlier decision dated 5th At the outset,
it has been brought to our notice by learned counsel for the appellants that
against the judgment of the High Court in the case of Man Singh (supra), a
special leave petition was preferred and vide a common judgment dated 2nd
August, 2006, the appeal of the State has been partly allowed with certain
directions relating to the revision of pay scales of the respondents therein.
Learned counsel ..2/- C.A. 3526/2009....contd..
prays that this
appeal may also be disposed of in terms of the said decision.
Learned counsel for
the respondent, on the other hand, submits that issue raised in the writ
petition was not exactly similar to the one raised in Man Singh's case (supra)
and therefore, the said decision of this Court may not fully cover this appeal.
He, therefore, prays that this matter be heard afresh.
Having perused the
impugned order, we are unable to persuade ourselves to agree with learned
counsel for the respondent. It is manifest that while disposing of the writ
petition by short order the High Court has opined that the matter was fully
covered by Man Singh's case (supra). The order was dictated in open Court in
the presence of counsel for both the parties and at that stage, no such, plea
In fact, even in the
counter affidavit filed by the respondent in this appeal no such issue is
raised. In our opinion, it is now late in the day for the respondent to take up
any issue, which had not been adjudicated by the High Court in the first
appeal is partly allowed and it shall stand disposed of in terms of the
decision of this Court dated 2nd August, 2006 rendered in Civil Appeal No. 3262
of 2006, State of Haryana & Ors. vs. Man Singh & Ors. There will be no
order as to costs.
[ D.K. JAIN ]
[ R.M. LODHA ]