JUDGEMENT
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(1.)LEARNED counsel for the parties submits at the Bar that the present writ petition could also be disposed of in the manner this
court had disposed of the WP(C) No.476 of 2004 vide order dated
08.02.2005 (Annexure C/3 to the affidavit in opposition filed by the respondents).
(2.)IT is admitted fact of both the parties that the present writ petitioner, Shri S.Biswarup Singh, was serving as Deputy
Executive Officer in the Imphal Municipal Council and he retired from
service on superannuation w.e.f. 31.12.2009 vide order of the
Executive Officer, Imphal Municipal Council dated 19.12.2009
(Annexure -A/7 to the writ petition).
The respondents in their affidavit in opposition are not disputing that the petitioner is entitled to get pension w.e.f.
31.12.2009, however because of precarious financial condition of the Imphal Municipal Council, pension could not be paid to the petitioner
timely.
(3.)LEARNED counsel for the parties reiterate that this writ petition could be disposed of in the light of the said order of this court
dated 08.02.2005 passed in WP(C) No.476 of 2004 (Annexure -C/3 to
the writ petition), operative portion of which read as follows:
"2. This court by an order dated 31.1.2005 had instructed the learned standing counsel appearing for the Respondents 1 and 2 to take definite instructions from the Respondents 1 and 2 about the probable time to be taken by them in payment of pension to the Petitioner or in installment basis within one week in compliance with the said direction of this court, the Respondents filed their additional Affidavit in opposition on 7.2.2005. In the said Additional affidavit in opposition, the Respondents has fairly admitted that the petitioner had retired from service on superannuation on 29.2.96 and the petitioner is entitled to pension. The Respondents also admit that the Petitioner is not getting his pension w.e.f. 1.12.1998 till date. The learned standing counsel appearing for the respondents submits that the Imphal Municipal Council is now in a very bad financial position and as a result thereof the Petitioner is not getting his pension w.e.f. 1.12.1998. The Respondents by filing their Affidavit in opposition had agreed that the Municipal Council shall pay his pension regularly on monthly basis commencing from the month of February, 2005 with an additional amount of the one month pension every month till the arrear of the due pension of the writ petitioner is cleared. The learned Sr. counsel for the petitioner also has no objection if the Imphal Municipal Council pay the pension on monthly basis regularly in the manner stated above by the learned standing counsel for the Imphal Municipal Council. This writ petition is disposed of as agreed by both the parties in the manner mentioned hereunder: The respondents shall pay the pension to the Petitioner on monthly basis commencing from the month of February, 2005 with an additional amount of the one month pension every month till the arrear of the due pension of the Writ Petitioner is cleared. After the clearance of the arrear pension of the Petitioner, Imphal Municipal Council shall pay the pension to the Petitioner on monthly basis without any additional amount."
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