Allahabad High Court
MOTIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as withdrawn because the relief sought had already been granted.
Summary
Petitioner Moti had already been granted a minimum pay scale of Rs.18,000 with arrears, rendering the writ petition infructuous. The petitioner’s counsel moved to withdraw the petition. The High Court dismissed the petition as withdrawn, directing that the benefits already granted continue until the petitioner’s superannuation, subject to satisfactory performance and due‑process termination if misconduct occurs. The court also ordered the case to be delinked from other matters and not shown in the cause list.
Issues considered
- Whether a writ petition becomes infructuous and may be withdrawn after the relief sought has been granted
Subjects
- withdrawal of petition
- minimum pay scale
- service termination
- due process
- superannuation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 11908 of 2011
Moti
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Lallan Prasad Pal
Counsel for Respondent(s) : C. S. C.
Court No. - 39
(Sl.No.302.53)
HON'BLE ANISH KUMAR GUPTA, J.
1. Sri Lallan Prasad Pal, 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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioner herein, subject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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