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Allahabad High Court

DEO RAJ SINGH AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

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The petition is dismissed as withdrawn because the relief sought has already been granted.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 The High Court accepted the withdrawal and dismissed the petition as withdrawn.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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