Allahabad High Court
CHHAVINATH DWIVEDIversusSTATE OF U.P. AND 2 ORS.
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Chhavinath Dwivedi, had already been granted a minimum pay scale of Rs 18,000 with arrears, rendering the pending writ petition unnecessary. Accordingly, his counsel sought to withdraw the petition. The High Court dismissed the petition as withdrawn. The Court ordered 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 for misconduct or unsatisfactory service. The matter was ordered to be delinked from the bunch and not shown in the cause list.
Issues considered
- Whether a petition becomes infructuous and may be withdrawn after the relief sought has been granted
Subjects
- minimum pay scale
- withdrawal of petition
- service termination
- due process
- superannuation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 12300 of 2015
Chhavinath Dwivedi
.....Petitioner(s)
Versus
State Of U.P. And 2 Ors.
.....Respondent(s)
Counsel for Petitioner(s) : Lallan Prasad Pal
Counsel for Respondent(s) : C.S.C.
Court No. - 39
(Sl.No.302.79)
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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioner herein, subject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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