Allahabad High Court
ANIL KUMARversusState of UP AND 2 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as withdrawn because the relief sought has already been granted.
Summary
Petitioner Anil Kumar had already been granted a minimum pay scale of Rs.18,000 with arrears, rendering the relief sought in the writ petition unnecessary. Counsel for the petitioner moved to withdraw the petition on this basis. The High Court dismissed the petition as withdrawn and directed that the benefits already granted continue until the petitioner’s superannuation, subject to satisfactory performance. The Court also noted that the petitioner’s services could be terminated for misconduct or unsatisfactory performance following due process and a hearing. The matter was ordered to be delinked from other cases and not shown in the cause list.
Issues considered
- Whether the writ petition should be dismissed as withdrawn on account of the relief already being granted?
Subjects
- withdrawal of petition
- minimum pay scale
- service termination
- due process
- superannuation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 10885 of 2024
Anil Kumar
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bijendra Kumar Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 39
(Sl.No. 302.437)
HON'BLE ANISH KUMAR GUPTA, J.
1. Sri Brijendra Kumar Mishra, 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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioner herein, subject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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