(DR. D.Y.CHANDRACHUD, J.):

1. Rule; with the consent of Counsel for the parties returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal.

2. The Petitioner was appointed as an Assistant Teacher on 7 June 1982 in a Marathi Medium Primary School, namely, D.D.@ Babasaheb Deshpande D.S. High School (Primary School). There is no dispute about the fact that the Petitioner had the requisite qualifications. Her appointment was duly approved by the Municipal Corporation. She retired from service upon attaining the age of 58 years on 30 June 2011, after a long service of 28 years. At the time of her appointment, the School which was conducted by the Third Respondent did not receive any grant-in-aid from the Municipal Corporation. In 2001, the School received 20% grant-in-aid, which was progressively increased in a similar proportion so that by 2005 the school was in receipt of full grant-in-aid. The Petitioner submitted a representation on 14 November 2011 for the grant of pension and a query under the Right to Information Act, 2005 seeking the reasons on the basis of which pension was denied. Eventually, these proceedings have been instituted under Article 226 of the Constitution seeking release of pensionary benefits with effect from the date of retirement.

3. The Municipal Corporation of Greater Mumbai has in its Education Department notified by a circular dated 31 October 1997, a Pension Scheme to the approved staff of Private Primary Aided Schools in Greater Mumbai. The scheme came into effect from 1 April 1979. Clause 5(ii) of the circular specifies the application of the scheme:

“This scheme shall apply to full time confirmed and approved teaching and non-teaching staff of private primary aided schools of Greater Mumbai whose salaries and allowances are held admissible for Grant-in-aid and claimed regularly by the school from the Municipal Corporation of Greater Mumbai and subject to the condition that each such Private Primary Aided School has obtained exemption under Section 16(2)of the Employees Provident Funds and Misc. Provisions Act, 1952.”

Clause 5(iv) provides that for the purpose of the scheme, the expression “Private Primary Aided School” “means a private primary school recognized and registered under the Grant-in-aid Code framed by the Mumbai Municipal Corporation and approved by the State Government and receiving Grant-in-Aid from the Municipal Corporation of Greater Mumbai”. The age of superannuation for the purpose of the scheme is 58 years. Sub-clause (xi) provides that in computing the length of qualifying service for pension under this scheme, all previous service whether temporary, officiating or permanent either in one or more than one private Primary Aided Schools in Greater Mumbai shall alone be taken into account. Clause 8 which provides for the procedure for calculation of pension, gratuity and family pension to the approved staff of the private primary aided school in Mumbai is as follows :

“a) Amount of Pension : i) In case of the employees working in the private primary aided schools retiring in accordance with the provisions of B.M.C. Pension Rules (1953) after completing a qualifying service of not less than 33 years, the amount of basic pension shall be at 50% of the pensionable pay subject to the minimum of Rs.375/-+ Admissible Dearness Relief p.m. and the maximum of Rs.4000/-+ Admissible Dearness Relief p.m.

ii) In case of the employees working in the private primary aided schools retiring in accordance with the provisions of the B.M.C. Pension Rules, 1953, who have rendered qualifying service of 10 years or more, but less than 33 years, the amount of pension will be in such proportion of the maximum pension admissible under clause (i) above on the qualifying service rendered by them will bear to the qualifying service of 33 years subject to the minimum of rs.375/-+ Admissible Dearness Relief per month and the maximum of