Kripa Shankar Mishra v. State of U.P. and 2 Others

Allahabad HC17 Dec 2025WRIA/17034/2025

Case brief

AI extract

What is this about?

Interim order, Allahabad High Court, WRIT - A No. 17034 of 2025, Kripa Shankar Mishra v. State of U.P., Vikas Budhwar J., 14.11.2025. Keywords: no work no pay; reinstatement on date of retirement; quashing of order dispensing with services; consequential benefits implicit; no caveat in quashing order; departmental proceedings; counter affidavit direction; matter pending, listed 17.12.2025. No statute or precedent cited; no final holding.

What the court decided

AI extract

Kripa Shankar Mishra vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

WRIT - A No. - 17034 of 2025

Kripa Shankar Mishra

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

¶7

		.....Respondent(s)
Counsel for Petitioner(s)	: Ajit Dwivedi, C.S.C., Advocate	Shivendu Ojha, Sr.
Counsel for Respondent(s)	:

¶8

Court No. - 34

¶9

HON'BLE VIKAS BUDHWAR, J.

¶10

Contention of the learned counsel for the writ petitioner is that earlier the writ petitioner was subject to departmental proceedings and thereafter his services were dispensed with and a writ petition was preferred by the writ petitioner, the writ petition was allowed on 21.09.2011 and the impugned orders were quashed, leaving it open for the disciplinary authority to conduct proceedings further. The writ petitioner was reinstated in service just on the date of retirement and, however, the entire period has been treated to be 'no work, no pay'. Learned Senior counsel for the writ petitioner argues that the writ petitioner was always willing to work and consequential benefits are implicit once the order dispensing with the service to set aside as there was no caveat provided therein that the payment would be dependent upon the further orders to be passed.

¶11

Shri B.K. Srivastava, learned Standing Counsel seeks time to obtain instructions/ file affidavit.

¶12

Respondents-State shall file their counter affidavit by 28.11.2025. Rejoinder affidavit, if any, may be filed by 09.12.2025 thereafter.

¶13

List on 17.12.2025 at 2.00 PM on the top of the list in the additional cause list.

¶14

November 14, 2025 A. Prajapati

¶15

(Vikas Budhwar,J.)

¶16

Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad