USHA RAMBHAU HUGE Vs. COMMISSIONER GREATER MUMBAI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) The Petitioner has put forth the Prayer Clauses (C), (D) and (E), are as under :

(3.) This is a Petition wherein an unfortunate Deputy Headmistress in a Primary Marathi School has suffered 88% permanent paralysis, rendering her paralyzed neck downwards, unable to move, and confined to the bed or, at times, to a wheelchair. She has been regularly paid her pension under the Old Pension Scheme, albeit, as per the pay scale under the 5th Pay Commission. She was a permanent employee as on 31/5/2005 and had put in qualifying service. Technically, she was in employment until she was granted Voluntary Retirement by the Corporation on 5/8/2008. As such, she was entitled to the benefits of the 6 th Pay Commission recommendations.