Allahabad High Court
SHARADA PRASADversusSTATE OF U.P. AND OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Sharada Prasad, had already been granted a minimum pay scale of Rs 18,000 with arrears, making the pending writ petition redundant. His counsel, Lallan Prasad Pal, moved to withdraw the petition on this basis. The Court accepted the withdrawal and dismissed the petition as withdrawn. It further directed that the benefits already awarded to the petitioner shall continue until his superannuation, subject to satisfactory performance, and that termination may occur only after due process and a hearing if misconduct is found. The case was ordered to be delinked from other matters and removed from the cause list.
Issues considered
- Whether the writ petition should be dismissed on the ground that it has become infructuous due to the grant of the minimum pay scale.
Subjects
- minimum pay scale
- withdrawal of petition
- service termination
- due process
- superannuation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 72646 of 2010
Sharada Prasad
.....Petitioner(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Petitioner(s) : Lallan Prasad Pal
Counsel for Respondent(s) : C. S. C.
Court No. - 39
(Sl.No. 302.32)
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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioner herein, subject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
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