VIJAYA UKARDA ATHOR (ATHAWALE) Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2016-7-67
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on July 20,2016

Vijaya Ukarda Athor (Athawale) Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) This petition is directed against the order dated 18-09-2012 passed by respondent no.2 Municipal Corporation appointing respondent no.3 and declaring petitioner ineligible for the compassionate appointment as she got married.
(2.) Briefly stated the facts are; Late Ukarda Athor (Athawale) was working as a Clerk in Municipal Corporation, Amravati. He had two wives namely Shantabai and Kuntabai. Ukarda died on 18-06-1997. Petitioner Vijaya is daughter of Ukarda through his first wife Shantabai. Respondent no.3 is son of Ukarda through second wife Kuntabai.
(3.) After the death of Ukarda, Shantabai submitted an application on 29-12-1997 to respondent no.2 stating therein that her daughter is 17 years old and on her attaining majority she may be appointed on compassionate ground in place of her father. On 19-03-1998, after petitioner attained majority she submitted an application in the prescribed form to respondent no.2 for her appointment on compassionate ground. Respondent no.3 also moved an application for compassionate appointment on 25-05-2009. On 19-04-2012, petitioner raised her objection to compassionate appointment of respondent no.3. Thereafter, impugned order dated 18-09-2012 was passed by Municipal Corporation appointing respondent no.3 Sagar and declaring petitioner ineligible for compassionate appointment as she has already got married.;


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