2. That, as after the retirement of Kela Naik-Ex.

Stammer, Dera Area, Mahanadi Coal Fields

Ltd., the Opp. Party No.6- Lambodar Naik, S/o.– Late Kela Naik got a job (under the scheme
to employ the next of kin of retiring staff) in the Mahanadi Coal Fields Ltd. and the Family
Pension was paid to Opp. Party No.5- Gunjar Naik-2nd. wife of Late Kela Naik by the authority of Mahanadi
Coal Fields Ltd. ignoring rights of the 1st. Party Members, the W.P.(C) No. 10709 of 2009 was filed by the 1st.
Party Members seeking appropriate reliefs under law of land before the Hon’ble High Court of Orissa.
3. That, as per the Notice issued by the Hon’ble High Court of Orissa, the 2nd. Party
Members have entered their appearance through their Counsel as Opp. Party Nos. 5 & 6
and the matter is pending for disposal before the Hon’ble High Court of Orissa.
4. That, as per the interim order dtd. 30/11/2011, passed by Hon’ble High Court, the
arrear pensionary dues and other benefits of Ex. Stammer Late Kela Naik have not been
released in favour of the 2nd. Party Members but Opp. Party No.6-Lambodar Naik is
continuing with the service in the MCL till date.
5. That, during pendency of the aforesaid W.P.(C) No. 10709 of 2009, there has been a
mutual settlement arrived in between the 1st. Party Members and 2nd. Party Members by the
intervention of their well wishers and accordingly, both parties have agreed to close the
dispute with the agreement that : (i) the amount already received by the 2nd. Party
Members from the Mahanadi Coal Fields Limited towards the family pension or retiral
benefits of late Kela Naik, the Ex. Stammer in the Dera Area of Mahanadi Coal Field Ltd.
will not be refunded or share with the 1st. Party Members, as that amount have already
been spent,
 (ii) it is also agreed that, 50% (Fifty Percent) of the total amount, which would be
received by the 2nd. Party Members or the Legal Heirs of late Kela Naik-Ex.
Stammer from the Mahanadi Coal Fields Ltd. payable towards the
undisbursed arrear retiral or arrear family pension would be paid to the 1st.
Party Members,
(iii) further agreed that, monthly Family Pension shall be received by the Gunjar
Naik only, the 2nd. Wife of late Kela Naik from the Mahanadi Coal Fields Ltd.
and to which the 2nd. Party Members would not have any claim in any manner.
6. That, with the aforesaid terms and conditions as described at Paragraph - 5, both 1st.
Party Members and 2nd. Party Members have settled their disputes and does not want to
proceed further with the W.P.(C) No. 10709 of 2009, pending in the Hon’ble High Court
of Orissa and in view of the amicable settlement arrived in between the parties, the 1st.
Party Members-Petitioners in W.P.(C) No. 10709 of 2009 would pray the Hon’ble High
Court of Orissa to dispose of the aforesaid writ application for the interest of parties
concerned.
7. That, this Joint Affidavit is being sworn, to be filed before the Hon’ble High Court
of Orissa in connection with W.P.(C) No. 10709 of 2009, so that, said W.P.(C) No.
10709 of 2009 could be disposed of in terms of the mutual settlement.