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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8661 OF 2009

STATE OF HARYANA & ORS.                     Appellant(s)                                 VERSUS

R.K. GUPTA & ORS.                           Respondent(s) WITH

C.A. No. 8703 OF 2009

J U D G M E N T

KURIAN, J. 1. Heard Ms. Nidhi Gupta, learned counsel appearing  for the State of Haryana and Mr. M. C. Dhingra, learned  counsel appearing for the respondents. 2. The  State  is  aggrieved  by  the  Judgment  dated  11.08.2003 in Civil Writ Petition No. 4518 of 2000, in  the matter of additional Dearness Allowance, wherein  the High Court followed an earlier judgment in CWP No.  13300 of 1990, however, limiting the monetory benefits  to 38 months immediately preeceding the filing of the  Writ Petition.   3. It is seen that the relied on judgment was pursued  before this Court in SLP (C) No. 2578 of 1996 and by  order dated 09.05.1997, the same was dismissed on the  ground of delay.  The State filed Review Petition (C)  No. 2246 of 1998.  There was a delay in filing the

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Review Petition as well.  However, this Court dismissed  the Review Petition observing ".....both on the ground  of limitation as well as on merits."  Thus, the relied  on  Judgment  has  become  final  at  the  hands  of  this  Court.   4. We also find another order dated 09.10.2001 of this  Court  in  the  appeal  filed  by  the  State  of  Haryana  itself in Civil Appeal No. 923 of 1992, wherein also,  this Court took the view that the orders passed by the  High Court did not call for any interference.   5. Though  Ms.  Nidhi  Gupta,  learned  counsel  for  the  State, made a pursuasive attempt inviting our attention  to the earlier Judgment of this Court titled as "State  of Haryana and Anr. Vs. O. P. Sharma & Ors" and other  connected matters, reported in (1993) Supp. 2 SCC 386,  we are afraid we cannot take a different view than what  has been taken in the relied on Judgment, which has  attained finalty before this Court on merits.     6. In  view  of  the  above,  the  Civil  Appeals  are  dismissed with no order as to costs.  

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ ARUN MISHRA ]  

New Delhi; December 08, 2015.