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/-
: 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/-
: 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.
[ D.K. JAIN ]