Meinam Nogendra Singh v. Imphal Municipal Council, Manipur
2005-02-08
T.NANDA KUMAR SINGH
body2005
DigiLaw.ai
1. Heard Mr. S. Jayenta Singh, learned Sr. counsel assisted Mr. O. Khelendra Singh, learned counsel appearing for the petitioner as well as Mr.M. Joychandra Singh, learned standing counsel for the respondents 1 & 2. 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 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. With the above observations and directions, this writ petition is disposed of. No costs.