Allahabad High Court
MOHAN AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition was dismissed as withdrawn.
Summary
The petitioners, having already been granted a minimum pay scale of Rs. 18,000 with arrears, moved the High Court to withdraw their writ petition. The petition was consequently dismissed as withdrawn. The court directed that the benefits already granted to the petitioners shall continue until their superannuation, subject to satisfactory performance, and that termination for misconduct must follow due process with a hearing. The case was ordered to be delinked from other matters and not shown in the cause list. No further relief was granted beyond the continuation of the awarded benefits.
Issues considered
- Whether a petition can be withdrawn after the relief sought has been granted
Subjects
- writ petition
- withdrawal
- minimum pay scale
- service benefits
- superannuation
- due process
- termination of service
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 19514 of 2023
Mohan And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lallan Prasad Pal
Counsel for Respondent(s) : C.S.C.
Court No. - 39
(Sl.No.302.227)
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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioners herein, subject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 is found not working to
the satisfaction of the department concerned or is 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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