Allahabad High Court
DEO RAJ SINGH AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as withdrawn because the relief sought has already been granted.
Summary
The petitioners, Deo Raj Singh and two others, had already been granted a minimum pay scale of Rs 18,000 with arrears, making their writ petition effectively moot. Their counsel moved to withdraw the petition on this basis. The High Court accepted the withdrawal and dismissed the petition as withdrawn. The Court further directed that the benefits already awarded to the petitioners should continue until their superannuation, subject to satisfactory performance, and that termination could only occur after due process and a hearing. The matter was ordered to be delinked from other cases and not to appear on the cause list.
Issues considered
- Whether a writ petition becomes infructuous and should be dismissed when the relief sought has already been granted
Subjects
- withdrawal of petition
- minimum pay scale
- service benefits
- superannuation
- due process
- termination of service
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 4208 of 2014
Deo Raj Singh And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : H.P. Pandey, Kamlesh Kumar Tiwari,
Lallan Prasad Pal
Counsel for Respondent(s) : C.S.C.
Court No. - 39
(Sl.No.302.75)
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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioners herein, subject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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