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2012 Supreme(Bom) 1374

D.Y.CHANDRACHUD, R.D.DHANUKA
Anuradha Jayant Gangakhedkar – Appellant
Versus
Brihanmumbai Municipal Corporation – Respondent


Advocates appeared:
For the Petitioner:Kiran S. Bapat with Jayesh Desai, T.R. Yadav i/b. M/s. Desai & Desai Associates, Advocates.
For the Respondents:R1 & R2 -Anil Singh with Anil Yadav, Ms. Geeta Joglekar, R3 & R4 -Ravindra J. Dhond, R5 -Ms. Snidha Sreedharan, AGP, Advocates.

Judgment :

(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 p













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