Allahabad High Court
SHREE RAM RAJBHARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as withdrawn, and the granted benefits continue until superannuation subject to performance.
Summary
Petitioner Shree Ram Rajbhar filed a writ petition seeking a minimum pay scale of Rs.18,000 with arrears. The petitioner’s counsel informed the court that this relief had already been granted, rendering the petition infructuous, and requested its withdrawal. The court accepted the withdrawal and dismissed the petition as withdrawn. It further directed that the benefits already granted to the petitioner shall continue until his superannuation, subject to satisfactory performance, and that termination may occur only after due process and a hearing. The case was ordered to be delinked from other matters and not to appear in the cause list.
Issues considered
- What is the effect of a petitioner's request to withdraw a writ petition after the relief sought has been granted?
- Whether the benefits already granted to the petitioner can be withdrawn before superannuation.
Subjects
- minimum pay scale
- withdrawal of petition
- service benefits
- superannuation
- due process
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5713 of 2011
Shree Ram Rajbhar
.....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.302.49)
HON'BLE ANISH KUMAR GUPTA, J.
1. Sri Lallan Prasad Pal, 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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioner herein, subject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 their 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 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
Checking your session…