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Judgment
Heard MD. Jalaluddin, learned senior counsel appearing for the petitioners, Mr. Shyam Sharma, learned GA appearing for the respondents No. 1, 2 &
3 and Mr. Th. Shashikanta, learned counsel appearing for the respondents No. 4, 5 & 6.
Last time i.e. on 18.02.2021, when the matter is taken up, the counsel appearing for the petitioners and private respondents submitted before this Court
that an effort is being made to settle the matter amicably outside the Court and accordingly, they were granted 2 weeks time for arriving at an
amicable settlement.
Today when the matter is taken up, it is submitted by the learned senior counsel appearing for the petitioners as well as the learned counsel appearing
for the private respondents that the petitioners and private respondents have arrived at an amicable settlement outside the Court and the affidavit of
settlement between the parties dated 01.03.2021 is filed before this Court as an annexure in the MC(WP(C)) No. 56 of 2021. The relevant portions of
the settlement are as under:-
“1 That the parties with our full consent agreed to receive the financial benefits in the ratio of 60 % in the case of private respondent including
petitioner No. 2 and 40 % in case of remaining petitioners from the State government arising out of the death of their husband namely Md. Azad
Khan, Riflemen of 8th Battaliion, Manipur Rifles, Leikun.
“2 That, the parties also agreed to share the pensionary benefits at the rate of 50 % each of the petitioner No. 1 and Private respondent No. 4 till
death or remarried to another husband with effect from the date of death of their husband.
“3 That, the petitioners and private respondents have also agreed to give appointment in favour of petitioner No. 2 or any natural children of private
respondent No. 4 under die-in-harness scheme for the death of his father Md. Azad Khan, Rifleman of the 8th Battalion, Manipour Rifles, Leikun.â€
The learned senior counsel appearing for the petitioners and the learned counsel appearing for the private respondents prayed before this Court that in
view of the settlement arrived at between the parties, the present writ petition may be disposed of by issuing a simple directions to the respondents to
consider the claim of the petitioner and the private respondents on the basis of the amicable settlement arrived at between the parties.
In view of the submission made herein above, the present writ petition is disposed of with the directions that the petitioners and the private respondents
are at liberty to approach the concerned authorities for considering their claim on the basis of the amicable settlement arrived at between the parties.
With the aforesaid directions, the present writ petition is disposed of.
