Allahabad High Court
NANHAK AND ANOTHERversusDIVISIONAL FOREST OFFICER OBRA SONEBHADRA AND OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as withdrawn.
Summary
The petitioners, Nanhak and another, filed a writ petition seeking a higher minimum pay scale. While the petition was pending, they were granted a minimum pay of Rs. 18,000 with arrears, rendering the petition infructuous. Their counsel, A.R. Dube, moved to withdraw the petition. The Court dismissed the petition as withdrawn and ordered that the granted benefits continue until the petitioners' superannuation, subject to satisfactory performance. It also stipulated that termination could occur only after due process and an opportunity of hearing if misconduct is found. The case was delinked from other matters and removed from the cause list.
Issues considered
- Whether a writ petition becomes infructuous and may be withdrawn after the relief sought has been granted
Subjects
- writ petition
- withdrawal
- minimum pay scale
- service benefits
- due process
- termination of service
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 75542 of 2010
Nanhak And Another
.....Petitioner(s)
Versus
Divisional Forest Officer Obra Sonebhadra And
Others .....Respondent(s)
Counsel for Petitioner(s) : A. R. Dube
Counsel for Respondent(s) : C. S. C.
Court No. - 39
(SN.267)
HON'BLE ANISH KUMAR GUPTA, J.
1. Sri A. R. Dube, 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 Accordingly, the instant petition is dismissed as withdrawn.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withdrawn till the age of superannuation of the petitioners herein, subject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 is found not working to
the satisfaction of the department concerned or is 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.)
February 26, 2026
Shubham Arya
Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad
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