Oral Judgment: [A.H. Joshi, J.]

1. Leave to amend. Amendment be carried out forthwith. Rule. Rule is made returnable forthwith. Heard by consent of the parties.

2. The petitioner’s grievance is very limited.

3. Petitioner is an Association of retired employees formerly serving with respondent no.2.

4. The case proceeds on admitted facts, namely:-

[a] The Municipal Council has resolved to extend the benefits of Fifth Pay Commission to its employees. As such Petitioner’s members are entitled for payment of arrears in the pay and allowances.

[b] Municipal Council, the Respondent No. 2, has been paying the arrears in installments and dues are still unpaid.

[c] It is also a common ground that respondent no.5 has issued directions asking the Municipal Councils that fifty per cent of the octroi reimbursement quantum should be paid towards arrears of benefits arising out of recommendations of Fifth Commission to retired employees.

[d] The 50% quantum indicated above is inadequate to meet the liability towards arrears of Fifth Pay Commission for fully satisfying the arrears.

[e] Petitioner’s contention is that apart from octroi reimbursement, Municipal Council has income from