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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, ASHWIN D. BHOBE, JJ
Jai Maharashtra Shikshak Wa Karmachari Sena – Appellant
Versus
Brihanmumbai Municipal Corporation, Mahapalika Marg, – Respondent
JUDGMENT :
ASHWIN D. BHOBE J.
1. Rule. By consent of the counsel, Rule is made returnable forthwith.
2. Petitioner, a Public Charitable Trust registered under Bombay Public Trust Act, 1951, a union of teachers and non-teaching employees working in aided and unaided Pre-Primary, Primary, Secondary and Higher Secondary Schools in Brihanmumbai, has preferred the present petition, seeking grant of pension and retiremental benefits to its members.
Details pertaining to the post held by the members of the Petitioner, date of their appointments, dates of receipt 20% grant-in-aid, dates of receipt 100% grant-in-aid, date of retirement and the period of service are mentioned in the Schedule annexed to the petition as Exhibit A.
Exhibit A makes reference to the following essential facts:-
a) Members (28 nos.) of the Petitioner Association appointed as teachers/non-teaching employees in aided Private Primary Schools in Brihanmumbai–possessed the requisite qualification and their appointment was duly approved by the Respondent No. 1 Corporation. They retired upon attaining the age of superannuation. Having put in service ranging from 17 years to 36 year.
b) The Schools which recruited members of peti
The Pension Scheme applies to all qualifying service, including time served before receiving grant-in-aid, ensuring entitlement to pension for eligible employees.
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.
Pension scheme - Deduction of monthly salary - since the Petitioner No. 1 had been appointed prior to 1st November, 2005 and occupied a part time fully aided post i.e. receiving 100% grant-in-aid fro....
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
Point of law: practice of the Government issuing Government Orders for fulfilling the needs of individual persons, for one reason or the other, should be put a stop to, as otherwise the clause of equ....
Pension scheme – Bifurcation of State - merely because bifurcating the composite State of Andhra Pradesh into the new State of Telangana and the residuary State of Andhra Pradesh from that date, the ....
Pre-01.11.2005 appointees in non-grant divisions of 100% grant-in-aid schools entitled to old pension scheme, not DCPS/NPS unless opted; Court bound by precedent, mandates immediate benefits and refu....
Fraud vitiates entitlement to pensionary benefits under the Government Resolution dated 05.02.1980.
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