Created by Fuzzy Cloud

Allahabad High Court

SHRAWAN KUMARversusState of UP AND 2 OTHERS

Decided

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Shrawan Kumar, filed a writ petition seeking a minimum pay scale of Rs. 18,000 with arrears. The petitioner’s counsel informed the court that the minimum pay scale had already been granted, rendering the petition infructuous, and requested its withdrawal. The court dismissed the petition as withdrawn. It directed that the benefits already granted to the petitioner continue until his superannuation, subject to satisfactory performance, and that termination could occur only after due process if misconduct is found. The case was ordered to be delinked from other matters and not shown in the cause list.

Issues considered

  • What is the appropriate disposition of a writ petition when the relief sought has already been granted and the petitioner wishes to withdraw the petition?

Subjects

  • minimum pay scale
  • withdrawal of petition
  • writ petition
  • service termination
  • administrative law

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 14580 of 2024

                                    Shrawan Kumar
                                                                                                .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)              :   Daya Shankar Srivastava
                                    Counsel for Respondent(s)              :   C.S.C.

                                    Court No. - 39
                                    (Sl.No.302.510)
                                                      HON'BLE ANISH KUMAR GUPTA, J.

                                    1. Sri Daya Shankar Srivastava, 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.