Petitioner, a retired Assistant Teacher, voluntarily withdrew his writ petition claiming salary during suspension. The court dismissed the petition noting he was receiving pension and did not wish to proceed.
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Court No. - 28
Case :- WRIT - A No. - 16838 of 2009
Petitioner :- Upendra Mishra Respondent :- State Of U.P. & Others Counsel for Petitioner :- R.C. Dwivedi Counsel for Respondent :- C.S.C.,V.R. Tiwari
Hon'ble Ajay Bhanot,J.
In the instant writ petition, the petitioner has prayed for the following relief:
"to issue a writ, order or direction in the nature of mandamus directing the respondents to ensure the full salary of the petitioner to the post of Assistant Teacher in L.T. Grade in Mahanth Triveni Parvat Inter College, Bishunpura Bazar Deoria."
The claim of the petitioner has been made on the foot of rejection of the disapproval of the order of suspension passed against the petitioner by the D.I.O.S., Deoria. The petitioner is claiming salary for the period of suspension which he was only paid the substantive allowance.
Sri R.C. Dwivedi, learned counsel for the petitioner submits that the cause of action of the writ petition does not survive. The petitioner has retired from service and is getting his pension regularly. The petitioner does not wish to prosecute the writ petition.
The writ petition is dismissed.
Order Date :- 27.8.2018 Ashish Tripathi
Upendra Mishra
State Of U.P.
Ajay Bhanot
As recorded by the court registry
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