Affirming established practice: disposal of writ petitions as academic when relief granted via state affidavit — utility in service-law disputes
Summary
| Category | Data |
|---|---|
| Case Name | WP(C)/78/2024 of ANGELA LYNGWA Vs STATE OF MEGHALAYA AND 5 ORS.; CNR MLHC010002572024 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | Hon’ble Mr. Justice H.S. Thangkhiew |
| Court | High Court of Meghalaya |
| Bench | Single-Judge Bench |
| Ratio Decidendi |
“In view of the additional affidavit filed by the State respondents, and the petitioner’s submission that grievances have been redressed, with no recovery made from her pension and that she is receiving her due pension under the old pension scheme, the writ petition stands closed and disposed.” |
| Facts as Summarised by the Court |
“The petitioner had challenged recovery from her pension and sought relief under the old pension scheme; the State filed an additional affidavit confirming no recovery and that the petitioner was receiving pension; the matter was thus resolved.” |
| Citations | (2025) MLHC 731 |
What’s New / What Lawyers Should Note
- The High Court disposed of a writ petition as academic once an additional affidavit demonstrated full redressal of the petitioner’s grievance.
- Confirmation by the State that no recovery was made and the pension under the old scheme is being paid sufficed to close the petition.
- Lawyers may cite this order to request closure of service-law or pension-related writs where the respondent State files an affidavit of compliance before final hearing.
Summary of Legal Reasoning
- The State respondents filed an additional affidavit addressing the petitioner’s grievance about pension recovery.
- The petitioner’s counsel submitted that, in light of that affidavit, no recovery had been made and the petitioner was receiving pension under the old scheme.
- With no live controversy remaining, the Court held the writ petition to be academic and ordered it closed and disposed.
Arguments by the Parties
Petitioner
- The grievance about pension recovery had been redressed.
- No deduction was made; she was receiving pension under the old scheme.
Respondents
- Filed an additional affidavit confirming full compliance with the relief sought.
Factual Background
Smti Angela Lyngwa, a retired government employee, challenged recovery from her pension and sought continuation under the old pension scheme. The State respondents filed an additional affidavit stating that no deduction was made and that she was in receipt of pension as per the old scheme. On that basis, the petitioner’s counsel informed the Court that her grievance stood redressed. The High Court accordingly closed and disposed of the writ petition.
Citations
- (2025) MLHC 731
- WP(C) No. 78 of 2024
- CNR MLHC010002572024