Allahabad High Court
AHILKARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The writ petition is dismissed as withdrawn.
Summary
Petitioner Ahilkar filed a writ petition seeking relief regarding his minimum pay scale. The petitioner’s counsel informed the court that the order granting the minimum pay scale without allowances had already been obtained, and therefore requested to withdraw the petition. The court dismissed the writ petition as withdrawn. It further directed that the benefits already granted to the petitioner shall continue until his superannuation, subject to satisfactory performance, and that termination may occur only after due process and a hearing. 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 petitioner seeks to withdraw it after obtaining the relief sought?
Subjects
- withdrawal of writ petition
- minimum pay scale
- superannuation
- due process
- service termination
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15491 of 2024
Ahilkar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramendra Kumar Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 39
HON'BLE ANISH KUMAR GUPTA, J.
1. Sri Ramendra Kumar Shukla, learned counsel for the petitioner
submits that since the order with regard to the minimum pay scale,
without any allowances, has already been granted to the petitioner, herein,
therefore, he seeks to withdraw the instant writ petition.
2. Accordingly, the instant writ petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioner herein, subject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 his 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 petitioner 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.)
February 16, 2026
n.u.
Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad
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