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Allahabad High Court

SURESHversusState of UP AND 2 OTHERS

Decided

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Suresh, had already been granted a minimum pay scale of Rs 18,000 with arrears by the authorities. Consequently, his counsel moved to withdraw the writ petition, stating it had become infructuous. The High Court accepted the withdrawal and dismissed the petition as withdrawn. The Court further directed that the benefits already granted to the petitioner shall continue until his superannuation, subject to satisfactory performance, and may be terminated only after due process if misconduct is found. The matter was ordered to be delinked from other cases and not shown in the cause list.

Issues considered

  • Whether the writ petition should proceed after the petitioner has already obtained the relief sought (minimum pay scale with arrears)

Subjects

  • withdrawal of petition
  • minimum pay scale
  • service benefits
  • due process
  • superannuation

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 10215 of 2024

                                    Suresh
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of Up And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Ramendra Kumar Shukla
                                    Counsel for Respondent(s)              :   C.S.C.

                                    Court No. - 39
                                    (Sl.No.302.420)
                                                      HON'BLE ANISH KUMAR GUPTA, J.

                                    1. Sri Ramendra Kumar Shukla, learned counsel for the petitioner submits
                                    that in the instant case the petitioner has already been granted the
                                    minimum pay scale of Rs. 18,000/- with arrears, therefore, the instant
                                    petition has become infructuous. Thus, learned counsel for the petitioner
                                    seeks to withdraw the instant petition.

                                    2. Accordingly, the instant petition is dismissed as withdrawn.

                                    3. The benefits already granted/accrued to the petitioner shall not be
                                    withdrawn till the age of superannuation of the petitioner herein, subject
                                    to their satisfactory performance. If the petitioner is found not working to
                                    the satisfaction of the department concerned or is guilty of misconduct
                                    etc., his services can be terminated by the respondents after following due
                                    process of law and giving an opportunity of hearing to the petitioners in
                                    this regard.

                                    4. Let this case be delinked from bunch matters and shall not be shown in
                                    the cause list.



                                                                                      (Anish Kumar Gupta,J.)
                                    March 18, 2026
                                    Ashish Pd.




Digitally signed by :-
ASHISH PRASAD
High Court of Judicature at Allahabad


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