Allahabad High Court
SURESHversusState of UP AND 2 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
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The petition is dismissed as withdrawn.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 The High Court accepted the withdrawal and dismissed the petition as withdrawn.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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioner herein, subject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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