Allahabad High Court
HAUSHILA PRASAD YADAVversusSTATE OF U.P. AND OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Haushila Prasad Yadav, had already been granted a minimum pay scale of Rs 18,000 with arrears, rendering the writ petition unnecessary. Accordingly, his counsel sought to withdraw the petition. The High Court dismissed the petition as withdrawn and ordered that the benefits already granted to the petitioner continue until his superannuation, subject to satisfactory performance. The Court also stipulated that the petitioner could be terminated for unsatisfactory performance or misconduct only after due process and a hearing. Finally, the case was delinked from the bunch matters and removed from the cause list.
Issues considered
- Whether a writ petition becomes infructuous and can be withdrawn after the relief sought is granted
- Whether the benefits granted to a government employee can be withdrawn before superannuation
Subjects
- writ petition
- withdrawal of petition
- minimum pay scale
- service termination
- due process
- superannuation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 72093 of 2010
Haushila Prasad Yadav
.....Petitioner(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Petitioner(s) : Bijendra Kumar Mishra
Counsel for Respondent(s) : C. S. C., 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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioner herein, subject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
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