' The petitioners, 32 in number, are retired teachers of the District Council, Sialkot. They were found entitled to the grant of pension under the West Pakistan Local Councils (Pension) Rules, 1964, read with instructions of the Government of the Punjab Local Government and Social Welfare Department, Memorandum dated 30th November, 1976. The District Council, it is stated, in compliance with the said instructions, awarded pension to the petitioners w. e. f. 1st July, 1974.
2. The petitioners are also stated to have drawn pension for about 1-1/2 years, before it was stopped by the respondents w. e. f. 6th February, 1978. The allegation is that this was done on account of paucity of funds with the District Counsel. To this purpose, the District Council started communication with the Commissioner for getting released certain funds. The case was also referred to the Government. The Government in turn denied its liability and threw the ball back in the Court of the District Council.
3. There was a further dispute about the date of the payment of the pension. On 3rd December, 1980 the Government of the Punjab, inquired from respondent No, 1, if it had started to make payment of pension. Direction to pay the same was also issued. It was further observed that the Finance Department had been approached by the Local Government and Rural Development for sanctioning a sum of Rs, 15 lacs for the purpose. Another directive was also ordered to be issued, vide Memorandum dated 12th July, 1981 by the Government to the District Council. The net result was that the matter kept hanging in fire and petitioners were not paid their dues. It was in that situation that they filed this petition.
4. After arguing this case, before this Court, on a few occasions the learned Advocate-General asked to seek instructions from the Government, as there was no dispute about the liability. The question requiring settlement was about the funds or the means and how to discharge the liability.
5. The parties have today appeared before me to report that the matter has finally been settled as under :-
(i) the teachers retired before 1st of July, 1980 will be entitled to pension ; and
(ii) Rs, 20 lacs payable by the Provincial Government to the Zila Council has been adjusted.
' The learned counsel for the District Council, however, referred to rule 14 of the Rules mentioned above and stated that the petitioners should refund the Provident Fund, paid by the District Council to them, on the occasion of their retirement. The petitioners accept their liability on that account and state that the District Council, while paying them the pension, may adjust those amounts.
' In view of the above, this petition succeeds. The parties shall bear their own costs.