54wp3815.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3815 of 2010 (Smt. Malti wd/o. Vasant Pote and Ors. vs. The Municipal Council, Murtizapur and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 05/04/2011. Heard Ms Ujwala M. Nandeshwar, Adv. for the petitioners, Mr.Anjan De, Adv. for respondent no.1 and Mr.S.J.Jichkar, Assistant Government Pleader for respondent nos.2 and 3. In the present petition, the petitioners are seeking direction to the Municipal Council, Murtizapur/respondent no.1 to pay the arrears of pensionary benefits to which the petitioners are entitled to receive as per the recommendations of 5th Pay Commission, which comes to Rs.2,28,314/-. Mr.Anjan De, Adv. for respondent no.1 has filed an affidavit of Chief Executive Officer, Nagar Parishad, Murtizapur wherein it is categorically stated that the entire amount 54wp3815.10.odt 2 . of Rs.2,28,314/- shall be paid to the petitioners on or before 30.6.2011. This affidavit dt. 5.4.2011 filed by the Chief Executive Officer is taken on record today in the Court. The affidavit dt. 5.4.2011 filed by the Chief Executive Officer shows that the Chief Executive Officer has made a categorical statement in the said affidavit that total amount of Rs.2,28,314/- mentioned in the affidavit required to be paid to the petitioners shall be paid on or before 30.6.2011. We direct the Chief Executive Officer to honour this commitment and not to deviate therefrom. In view of the said statement reflected in the affidavit, the cause of action, so far as the present petition is concerned, comes to an end. Hence, the petition is disposed of accordingly. JUDGE JUDGE jais