Imphal Municipal Pensioners Association and Anr. v. Imphal Municipal Council and Anr.
2005-04-28
B.K.SHARMA
body2005
DigiLaw.ai
These two writ petitions being WP(C) No. 313/2003 and 314/2003 filed by the Imphal Municipal Pensioners Association and another represent the interest of the retired employees of the Imphal Municipal Council. The grievances made in these two writ petitions are in respect of non-payment of pensionary benefits to the members of the petitioner's association for years together. 2. The respondents in their counter-affidavit do not deny their liabilities towards payments of the pensionary benefits to the members of the petitioner's association. However, their plea is that because of the financial crunch being faced by the Imphal Municipal Council, they are not in a position to make regular payment of pensionary benefits to the members of the petitioner's association. According to them, they have also not been able to pay the salary of its employees on regular basis. 3. I have heard Mr. N. Kotiswar, learned counsel for the petitioners and Mr.M.Joychandra, learned counsel for the Imphal Municipal Council. 4. On earlier occasions, this court passed orders for providing pensionary benefits to the retired employees of the Imphal Municipal Council. Thereafter, Imphal Municipal Council prayed for extension of time limit fixed by this court which was also granted. However, even after passing of such order, as per the own showing of the Imphal Municipal Council, the members of the petitioner's association have not been paid their pensionary benefits for the last 69 months. In Annexure-D /2 statement annexed to the additional affidavit filed by the Imphal Municipal Council on 26.4.2005, they have indicated the fact that the69 months for the period from 1.4.99 to 31.12.2004. In the additional affidavit, a prayer has been made for granting a reasonable time to the respondents so as to enable them to make payment of arrear pension and other pensionary benefits to the members of the petitioner's association. Thus, the respondents have not disown their liability to make payments towards pension and others pensionary benefits to the members of the petitioner's association but have taken a stand that because of financial crunch, they require some more time to make such payment. 5. I have given my anxious considerations to the submissions of the learned counsel for the parties and have perused the materials on records. There is no dispute that the pensioners represented by the petitioner's association have not been paid their monthly pension and other pensionary benefits for years together.
5. I have given my anxious considerations to the submissions of the learned counsel for the parties and have perused the materials on records. There is no dispute that the pensioners represented by the petitioner's association have not been paid their monthly pension and other pensionary benefits for years together. Such a fact the respondents themselves have admitted in their additional affidavit. In spite of the repeated orders of this court, the members of the petitioner's association have not been paid their monthly pension and other pensionary benefits to which they are legally entitled to. At this stage, Mr. Kotiswar, learned counsel for the petitioner makes a suggestion that a portion of the income of the Imphal Municipal Council should be kept aside by the respondents towards making payments to the members of the petitioner's association on regular basis. To this, learned counsel for the Imphal Municipal Council submits that no percentage can be quantified for the purpose inasmuch as the Imphal Municipal Council is burdened with its liability to make payment of salary to its employees and payments in respect of other Heads. 6. Considering the above submissions and materials on records, I am of the considered opinion that the ends of justice would be met if a direction is issued to the respondents, in tune with their own prayer made in the additional affidavit for granting a reasonable time for enabling them to make payment of arrear pension and other pensionary benefits. To make such payments at least for l(one) year to the members of the petitioner's association6 (six) months time is granted from today. As regards the balance pensionary benefits payable to the petitioner's association, the respondents shall take steps for keeping aside a portion of their income (preferably 15% ) towards making payments of pension and other pensionary benefits to the members of the petitioner's association. The respondents shall make all out efforts to make payments of arrear as well as current pensionary benefits to the members of the petitioner's association as early as possible. 7. With the above direction, these two writ petitions stand disposed of.