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Allahabad High Court

AHILKARversusSTATE OF U.P. AND 2 OTHERS

Decided

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The writ petition is dismissed as withdrawn.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 The court dismissed the writ petition as withdrawn.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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