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Allahabad High Court

LALLAN PRASAD AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The petition is dismissed as withdrawn.

Summary

The petitioners, Lallan Prasad and another, had already been granted a minimum pay scale of Rs. 18,000 with arrears. Consequently, their counsel moved to withdraw the writ petition, stating that the relief sought was already obtained. The Court accepted the withdrawal and dismissed the petition as withdrawn. It directed that the benefits already granted to the petitioners remain in force until their superannuation, subject to satisfactory performance, and that termination could occur only after due process and a hearing. The case was also ordered to be delinked from other matters and removed from the cause list.

Issues considered

  • What is the appropriate disposition of a writ petition that has become infructuous due to the grant of the relief sought?

Subjects

  • minimum pay scale
  • withdrawal of petition
  • service benefits
  • superannuation
  • due process
  • termination of service

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 4338 of 2011

                                    Lallan Prasad And Another
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Lallan Prasad Pal
                                    Counsel for Respondent(s)                     :   C. S. C.

                                    Court No. - 39
                                    (Sl.No.302.612)
                                                      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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