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Allahabad High Court

LOMESH DUTT SHARMAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as infructuous because all claimed amounts have been paid.

Summary

Petitioner Lomesh Dutt Sharma filed a writ petition seeking mandamus orders directing the District Magistrate, Meerut, to pay various arrears, gratuity, and a share of GPF amount. The petitioner’s counsel, Mohan Srivastava, who is also the State’s Standing Counsel, requested time to file a fresh vakalatnama. The respondents submitted that all the amounts claimed had already been paid, attaching a notary affidavit to that effect. The court examined the prayers and the affidavit, finding that the relief sought had been fully satisfied. Consequently, the court held that nothing remained to be adjudicated and dismissed the petition as infructuous.

Issues considered

  • What is the appropriate disposition of a writ petition when the relief claimed has already been granted and the petitioner acknowledges receipt of the payments?

Subjects

  • writ petition
  • mandamus
  • payment of arrears
  • gratuity
  • infructuous
  • civil service
  • standing counsel

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 25015 of 2014

Lomesh Dutt Sharma
                                                                    .....Petitioner(s)
                                       Versus

State Of U.P. And 3 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)            : Mohan Srivastava, Siddhartha Singh
Counsel for Respondent(s)            : C.S.C., Satish Chaturvedi

Court No. - 34
(Sl.No.64)
                  HON'BLE ANISH KUMAR GUPTA, J.

1. Sri Mahendra Mishra, Advocate holding brief of Sri Mohan
Srivastava, learned counsel for the petitioner submits that Sri Mohan
Srivastava has been appointed as Standing Counsel for the State,
therefore, some time may be granted to take fresh instructions or file
vakalatnama in the instant case. Sri Pankaj Srivastava, learned counsel for
the respondent no.4 is present.

2. Learned Additional Chief Standing Counsel for the State on instruction
submits that the prayers in the instant petition has already been satisfied.
Accordingly, the writ petition has become infructuous.

3. In such view of the matter, this Court has noted that the following
prayers have been made in the instant petition:

     "(a). issue a writ, order or direction in the nature of mandamus
     commanding respondent no. 2, District Magistrate, Meerut to make
     payment of sanctioned amount of Rs. 85,718/- alongwith upto date
     interest pertaining to fixation of Pay from 6.9.1997 to the date of
     retirement 31.7.2002 as referred to in Annexure-3.

     (b). issue a writ, order or direction in the nature of mandamus of
     commanding the respondent no. 2 to make payment difference amount of
     19 months wrongly calculated by fixing salary in the year 2001 as Rs.
     4815/- in place of Rs. 4900/-alongwith upto date interest.

     (c). Issue a writ, order or direction in the nature of mandamus
                                                                                                 WRIA No. 25015 of 2014
                                                                         2


                                            commanding respondent no. 2 to make payment of balance amount of
                                            Gratuity which was detained by order dated 27 March 2003 and also
                                            balance amount of revised Pay Scale pending since 1994.

                                            (d). Issue a writ, order or direction in the nature of mandamus
                                            commanding respondent no. 4 to send authorization for payment of 10%
                                            of GPF amount and consequential direction to respondent no. 2 to make
                                            payment of said amount to petitioner"

                                    4. According to para-4 of the counter affidavit, all the amounts as prayed
                                    in the petition have been paid to the petitioner and in this regard a notary
                                    affidavit dated 07.04.2017 of the petitioner has also been annexed along
                                    with the counter affidavit, according to which all the payments prayed for
                                    in the instant petition has already been received by the petitioner.

                                    5. In such view of the matter, nothing survives in the matter. Accordingly,
                                    the instant petition is dismissed as infructuous.



                                                                                            (Anish Kumar Gupta,J.)
                                    May 7, 2026
                                    Ashish Pd.




Digitally signed by :-
ASHISH PRASAD
High Court of Judicature at Allahabad


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