D.N. Patel, J. - (1.) This Civil Review has been preferred for review of the judgment and order dated 5th December, 2016 delivered by this court in L.P.A. No. 532 of 2016, whereby the Letters Patent Appeal preferred by the respondent was allowed and the compassionate appointment was given to the respondent herein (original appellant), who is the daughter of the deceased employee.
(2.) Respondent herein was not married on the date of death of her father, i.e. on 11th July, 2011 (who died in harness). Later on, her application for compassionate appointment remained pending with the Government for a considerable time and thereafter, she got married. No sooner did she got married the State authorities became active and her application for appointment on compassionate ground was dismissed by the Government in view of the fact that now she is married. This ground was not accepted by this Court while deciding the Letters Patent Appeal and now this civil review application has been preferred mainly for the reason that the respondent herein has not acquired her 10th standard educational certificate as mandated by the circular dated 2nd September, 2011, which is at Annexure 10 to the memo of this Civil Review.
(3.) Having heard counsel appearing for both sides and looking to the facts and circumstances of the case, it appears that father of this respondent died in harness on 11thJuly, 2011. Immediately the respondent applied for appointment on compassionate ground being legal heir of her father and being unmarried and dependent upon her father as on the date of death of her father.;