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2015 DIGILAW 932 (HP)

Himachal Pradesh State Electricity Board Limited v. Surinder Pal Sharma

2015-07-23

DHARAM CHAND CHAUDHARY, MANSOOR AHMAD MIR

body2015
Judgment Mansoor Ahmad Mir, J. This Letters Patent Appeal is directed against the judgment dated 19th June, 2014, passed by the learned Single Judge in CWP No. 5508 of 2011, titled as Surender Pal Sharma & others versus H.P. State Electricity Board and another, whereby the writ respondents-appellant and proforma respondent No. 4 herein, were directed to grant revised pay scale to the writ petitioners-respondents No. 1 to 3 herein, as given in the Fitment Table No. 21, for short “the impugned judgment”. 2. By the medium of the writ petition, the writ petitioners had sought quashment of order dated 28th January, 2011, (Annexure P-10), impugned in the writ petition, for the reason that the Department has not granted them the revised pay scale as per the Fitment Table No. 21. 3. Learned Counsel for the writ petitioners was asked how the revised pay scale can be granted to the writ petitioners without quashing Annexure P-10. He frankly conceded that the impugned judgment be set-aside and the writ petition be remanded to the Writ Court, with a request to decide the same in a time bound manner. 4. It is a beaten law of the land that when no relief is granted, it is deemed to have been refused. 5. In the given circumstances, we deem it proper to set aside the impugned judgment and remand the writ petition to the Writ Court with a request to decide the same within a period of two weeks from today. Ordered accordingly. 6. List the writ petition before the learned Single Judge having the roster on 28.07.2015. The parties are directed to cause appearance before the learned Single Judge, on the said date. 7. The appeal stands disposed of, as indicated hereinabove, alongwith pending applications, if any.