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Allahabad High Court

KAMALESH KUMAR AND ANOTHERversusSTATE OF U.P. AND OTHERS

Decided

Holding

The petition is dismissed as withdrawn.

Summary

The petitioners, Kamalesh Kumar and another, had already been granted a minimum pay scale of Rs.18,000 with arrears. Their counsel, Lallan Prasad Pal, therefore moved to withdraw the writ petition, stating it had become infructuous. The High Court dismissed the petition as withdrawn. The Court further directed that the benefits already granted to the petitioners shall continue until their superannuation, subject to satisfactory performance, and that termination may occur only after 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  • Whether the writ petition should be dismissed as withdrawn after the relief sought has already been granted

Subjects

  • Writ Petition
  • Minimum Pay Scale
  • Withdrawal of Petition
  • Superannuation
  • Due Process
  • Service Termination

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 1486 of 2011

                                    Kamalesh Kumar And Another
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State of U.P. and Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Lallan Prasad Pal
                                    Counsel for Respondent(s)                     :   C. S. C.

                                    Court No. - 39
                                    (Sl.No.302.40)
                                                      HON'BLE ANISH KUMAR GUPTA, J.

                                    1. Sri Lallan Prasad Pal, learned counsel for the petitioners submits that in
                                    the instant case the petitioners have 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 petitioners seeks to
                                    withdraw the instant petition.

                                    2. Accordingly, the instant petition is dismissed as withdrawn.

                                    3. The benefits already granted/accrued to the petitioners shall not be
                                    withdrawn till the age of superannuation of the petitioners herein, subject
                                    to their satisfactory performance. If the petitioners are found not working
                                    to the satisfaction of the department concerned or are guilty of
                                    misconduct etc., their 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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