IN THE  SUPREME COURT OF INDIA                  CIVIL  APPELLATE  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)                                                           O R D E R

 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  

July, 2002 in the case of Man Singh Vs. State of Haryana (CWP No. 19722 of 1998).

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..

: 2 : 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 was  raised.  

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 instance.

..3/-

C.A. 3526/2009....contd..

: 3 :

Accordingly, the 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.    

                                       ...................J.            [ D.K. JAIN ]  

                                       ...................J.                                    [ R.M. LODHA  ] NEW DELHI, MAY 12, 2009.