Baptist Anthony Rumao vs Municipal Corporation of Greater Mumbai and Others

D.Y. Chandrachud and R.D. Dhanuka, JJ.—Smt. Jacinta B. Rumao, the spouse of the petitioner, completed her SSC from the Maharashtra State Board of Secondary Education in 1969 and D.Ed. in 1973. She was appointed in a private fully aided Primary School, St. Joseph''s High School, Primary Section, on 2 January, 1980 as a Special Teacher. She retired from service as a permanent and confirmed Special Teacher on superannuation after working For 28 years. During her period of service, she had also acquired her B.A. degree in March, 1992. She died on 4 November, 2009. The management had on 8 February, 2008, six months prior to her superannuation, submitted an application to the Administrative Officer, E-Ward, Private Primary Aided School. On 15 February, 2012, the management of the School addressed a further communication to the Administrative Officer stating that Smt. Rumao had been paid her salary as revised with effect from 1 July, 1985, 1 July, 1990, 1 July, 1995 and 1 April, 2000. A communication has been addressed by the Education Officer of the Municipal Corporation on 18 December, 2010 to the management as regards the release of family pension to the petitioner. The letter requires compliance with several requisitions. One of the requisitions is as follows:

Recovery of payment of extra-amount paid to Smt. Jacinta B. Rumao from date of her appointment till her retirement as untrained teacher by fixing revised pay scale as untrained teacher.

A notice was issued in these proceedings on 3 July, 2012 and on the request of the Municipal Corporation, the further hearing was to stand over to 11 July, 2012. Again, on 11 July, 2012 proceedings were directed to stand over to 18 July, 2012. No affidavit in reply has been filed by the Municipal Corporation. The requisition which has been issued by the Education Officer of the Municipal Corporation is contrary to law and without any basis or foundation. The deceased-employee was a SSC and D.Ed. qualified teacher. The requirement for a Primary teacher as specified in Schedule-B of the Maharashtra Employees of Private Schools (Conditions of Service Regulation) Act, 1977 is an SSC and Diploma in Education. Treating the deceased employee as an untrained teacher and directing the recovery of such salary from the date of appointment until her retirement is ex-fade an arbitrary requisition made without application of mind. It is distressing as to how such a requisition could be made by the Municipal Corporation, particularly after the employee has died upon superannuation from service, having rendered 28 years service as a primary teacher.

In these circumstances, we are of the view that the facts of the case would warrant a direction for the expeditious release of the pensionary benefits that were due and payable to the deceased from the date of her retirement until the date of her death and release of such family pension to which the petitioner may be otherwise eligible in accordance with law. We accordingly dispose of the petition in the following terms:

(i) The requisition contained in the communication dated 18 December, 2010 (Exhibit H2) for the recovery of the payment of "excess amount paid" to the deceased-employee from the date of her appointment till retirement, on the basis that she was an untrained teacher by fixing her in the revised pay scale as an untrained teacher is set aside;

(ii) The pensionary and other retiral benefits due and payable to the deceased employee from the date of her superannuation (31 July, 2008) till the date of death (4 November, 2009) shall be computed within a period of two weeks from today and the payment shall be effected to the person entitled to represent the estate of the deceased in accordance with law within a period of one month thereafter. This shall carry interest at the rate of 12% which has also to be paid within the aforesaid period;

(iii) The entitlement of the petitioner to the receipt of the family pension, if any, shall be determined in accordance with law within a period of four weeks from today and the payment of the amount, if any, found due and payable shall be effected within a period of one month thereafter;

(iv) The petitioner shall be entitled to the costs of these proceedings which are quantified at Rs. 10,000/-;

(v) No recovery shall be made in respect of leave which the deceased-employee was granted during the period of service in accordance with her entitlement.

The petition is disposed of in the above terms. There shall be no order as to costs.