LexVIJAYA UKARDA ATHOR (ATHAWALE) versus STATE OF.MAHARASHTRA AND ORS.
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A B [2015] 1 $.C.R. 462 VIJAYA UKARDA ATHOR (ATHAWALE) / v. STATE OF.MAHARASHTRA AND ORS. (CIVIL APPEAL NOS.409-410 OF 2015) ·, JANUARY 14, 2015 [V. GOPALA GOWDA AND R. BANUMATHI, · JJ.) ' Service law - Compassionate Appointment - Non-grant of, to the appellant-daughter of the deceased employee in the · C Municipal Corporation - However, compassionate appointment given to the illegitimate son of the deceased employee -. Writ petition by the appellant - Dismissal of, on th·e ground that the appellant was married in the year 2009, thus, was ineligible for compassionate appointment,- Policy O decision was taken by the State Government on 26.2.2013 for grant of compassionate· appointment to married daughter - Said order upheld in review application - Appeal before this . Court - The questions as regards the effect of Government · Resolution whereby only unmarried daughters of the deceased E was eligible for appointment; policy decision dated 26.02.2013 taken by the State Government as per which the married daughter is also eligible to get compassionate appointment; non-consideration of the applications submitted by· the appellant; eligibility of the illegitimate son of the F deceased employee for compassionate appointment, remitted back to the High Court for consideration, in the light of the facts and circumstances of the case - Government Resolution, Genera/Administration Department, No. Comp. 109312335/M. No.90193/Eight, dated 26.10.1994 - Policy G H decision. · · '- Shreejith L. vs. Oepu.ty Director (Education) Kera/a and Ors. 2012 (6) SCR 427: (2012) . .7 SCC 248; The· Chief Commissioner, Central Excise and Customs, Lucknow & Ors . . 462 VIJAYA UKARDA ATHOR (ATHAWALE) v. STATE OF 463 MAHARASHTRA vs. Prabhat Singh 2012 (11) SCR 209 : 2013 (1) SCALE 506 A - referred to. Case Law Reference: . 2012 (6) SCR 427 . Referred to 2012 (11) SCR 209 . Referred to Para 6 Para 6 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 409- 410 of 2015. B From The Judgment and Order dated 18.03.2013 and . c 22.11.2013 of the High Court of Judicature of Bombay Bench at Nagpur in Writ Petition No. 1341 of 2013 and Miscellaneous Application No. 511 of 2013 respectively. · Sanjai Kumar Pathak, Arpit Rai, Shashi Pathak for the D Appellant: · Suhas Kadam Anirudha Rajput, Lemax Lawyers & Co., Shankar Chillarge, Aniruddha P .. Mayee, Satyajit A. Desai, Anagha S. Desai for the Respondents. The Judgment of the Court was delivered by ·. •1 • - '~. ' \ R. BANUMATHI, J. 1. Delay condoned. Leave granted. ·. 2. ·These appeals arise out of the impugned Order dated E , 18.03.2013 passed by the High Court: of Bombay Bench at F Nagpur, in W.P. No.1341 of 2013 and Order dated 22.11.2013 passed in the Review Application No.511 of 2013 in Writ Petition No.1341 of 2013, whereby the High Court dismissed the Writ Petition and also the Review Application thereby · declinirig to issue direction to consider the case of the appellant G for compassionate appointment. · ~. . v .. 3. The issue relates to the compassionate appointment ·between the rival claimants. Late Ukarda Athor (Athwale), who ·was working as a clerk in Municipal Corporation, Amravati, ~ad H 464 SUPREME COURT REPORTS [2015] 1 S.C.R. A two wives namely Shantabai Ukarda Athor and Kuntabai Ukarda Athor. He died on 18.06.1997. The appellant-Vijaya Ukarda Athor (Athawale), is daughter of Late Ukarda Pundlikrao Athor (Athawale) through the first wife, 3rd respondent is the son of Late Ukarda Athor through the second B wife. Smt. Shantabai Ukarda Athor, mother of the appellant, filed a Regular Civil Suit No.40 of 2001 in the Court of Civil Judge (Junior Division), Anjanagaon-Surji, Dist. Amravati, seeking for a declaration being the legal heirs of deceased Ukarda Athor, they have the right in the property, pension and c funds of deceased Ukarda Athor and the said suit was decreed by the judgement dated 15.01.2005. In the Succession Case No.6/1998 Dated 24.09.2007 filed under Section 372 of the Indian Succession Act, 1925, the Civil Judge (J.D.), Distt. Amravati, interalia, ordered that the mother of the appellant D would be entitled for the benefit of the pension of the deceased. In the succession case, it was further ordered that the appellant and her mother would be entitled to 1/4th share each of total amount of GPF and other funds of Ukarda Athor. On 25.5.2009, respondent No.3 moved an applicat
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