2021 Supreme(Bom) 497

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.D. DHANUKA, R.N. LADDHA, JJ.
Urmila Premnarayan Mishra – Appellant
Versus
Brihanmumbai Municipal Corporation – Respondent
Writ Petition No.1260 of 2018, 81, 635 of 2020, 1942, 1829, 927, 1912, 1940, 2200, 2208, 2522, 2523, 2526, 2695, 2210, 2215, 2194, 2197, 3423 OF 2019
Decided on : 23-12-2021

Point of Law: The expression ‘qualifying service’ is defined in Rule 5(1)(f) of the Mumbai Municipal Corporation Pension Rules, 1953 to mean and include among others duty performed in a permanent post.

Headnote:

Employees Provident Fund Act, 1952 - Section 16(2) - Mumbai Municipal Corporation Pension Rules, 1953 - Rule 1 and 5(1)(f) - Mumbai Municipal Corporation Act, 1888 - Section 62-C(3) - Retired from service - Government Resolution - Appointed as a Headmistress in primary school - Teaching and non-teaching staff - pension scheme - Applicability of - Whether an employee was a full time confirmed and approved member of the teaching or non-teaching staff of a private primary aided school on date of her retirement - Petitioner was appointed as a Headmistress in primary school run by Brihanmumbai Municipal Corporation (BMC) - Respondent no.3 is a private Institution running Private Primary Aided School of Greater Mumbai - Appointment of petitioner was duly approved by the respondent nos.1 & 2. - Petitioner retired from service on 31st August 2016 on attaining the age of 58 years and after putting in 23 years of continuous service - Respondent no.3 school started getting grant in aid from BMC since June 2010 initially at the rate of 20% and thereafter at 100% since March 2014.

Finding of the Court :

Usually the Courts do not overrule the established precedents unless there is a social, constitutional or economic change mandating such a development. The numbers themselves speak of restraint and the value of the Supreme Court attaches to the doctrine of precedent. The Supreme Court regards the use of precedent as indispensable bedrock upon which the Supreme Court renders justice. The use of such precedents, to some extent, creates certainty upon which individuals can rely and conduct their affairs. It also creates a basis for the development of the rule of law - Principles of law laid down by this Court in case of Anuradha Jayant Gangakhedkar (supra) followed in several judgments of this Court have attained finality - Various provisions of Pension Scheme relied upon by BMC are already dealt with in various judgments - We do not propose to take a different view in matter also in view of fact that Municipal Corporation has already released substantial amount by following principles of law laid down by this Court in case of Anuradha Jayant Gangakhedkar (supra) and subsequent judgments following said judgment.

Result: Writ petitions allowed.