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Allahabad High Court

RAKESH KUMARversusSTATE OF U.P. AND OTHERS

Decided

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Rakesh Kumar, had already been granted a minimum pay scale of Rs. 18,000 with arrears, rendering the pending writ petition unnecessary. His counsel, Lallan Prasad Pal, moved to withdraw the petition on this basis. The High Court dismissed the petition as withdrawn and ordered that the benefits already awarded to the petitioner remain in force until his superannuation, subject to satisfactory performance. The Court further stipulated that the petitioner’s services could be terminated for misconduct or unsatisfactory performance only after due process and a hearing. Finally, the case was directed to be delinked from other matters and removed from the cause list.

Issues considered

  • Whether a petition can be withdrawn after the relief sought has been granted

Subjects

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

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 73192 of 2010

                                    Rakesh Kumar
                                                                                                .....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., C.S.C.

                                    Court No. - 39


                                    (Sl.No. 302.35)

                                                      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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