Allahabad High Court
BHAGWAN DEENversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Bhagwan Deen, had already been granted a minimum pay scale of Rs. 18,000 with arrears, rendering the pending writ petition unnecessary. His counsel moved to withdraw the petition, and the court dismissed it as withdrawn. The court directed that the benefits already awarded to the petitioner shall continue until his superannuation, provided his performance remains satisfactory. It also held that the petitioner’s services could be terminated for unsatisfactory performance or misconduct only after due process and a hearing. Finally, the case was ordered to be delinked from the bunch matters and removed from the cause list.
Issues considered
- Whether a petition becomes infructuous and can be withdrawn after the relief sought has been granted
- Whether the benefits granted to the petitioner can be withdrawn before his superannuation
Subjects
- withdrawal of petition
- minimum pay scale
- service termination
- due process
- superannuation
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 43259 of 2015
Bhagwan Deen
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bijendra Kumar Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 39
HON'BLE ANISH KUMAR GUPTA, J.
1. Sri Bijendra Kumar Mishra, learned counsel for the petitioner submits
that in the instant case the petitioner has 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 petitioner
seeks to withdraw the instant petition.
2. Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioner herein, subject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.)
March 13, 2026
n.u.
Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad
Checking your session…