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The petition is dismissed as withdrawn.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 The court dismissed the petition as withdrawn.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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioner herein, subject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