IMPORTANT POINT
While examining issue of compassionate appointment, court should examine relevant issues like Government policies and changes therein, delay in taking decision, eligibility of candidate etc.

JUDGMENT

R. BANUMATHI, J.

Delay condoned. Leave granted.

2. These appeals arise out of the impugned Order dated 18.03.2013 passed by the High Court of Bombay Bench at 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 declining to issue direction to consider the case of the appellant for compassionate appointment.

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, had 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 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 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 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 application seeking compassionate appointment. On 19.4.2012, the appellant filed an objection application, raising objection for consideration of job application filed by respondent No.3 and requesting the authorities not to give him the compassionate appointment. The Municipal Corporation vide order dated 18.09.2012 appointed respondent No.3-Sagar Ukarda thereby declaring the appellant ineligible for the compassionate appointment as she has already got married.

4. Aggrieved by the order of non-grant of appointment, appellant herein filed a Writ Petition No.1341 of 2013 before the High Court of Bombay. Vide order dated 18.03.2013, the High Court dismissed the aforesaid writ petition holding that on the date of appointment, the appellant was a married daughter and the policy decision was taken by the State Government on 26.2.2013 for grant of compassionate appointment to married daughter and before the said date the appellant was not eligible for any appointment. The appellant filed a review application before the High Court which was also dismissed vide order dated 22.11.2013. In these appeals, the appellant assails the above orders.

5. Learned counsel for the appellant contended that at the time of death of her father Mr. Ukarda Athor (dated 18.06.1997) the appellant who was then a minor, submitted an application seeking appointment on 29.12.1997 and again after attaining majority, the appellant sought compassionate appointment for the post of clerk vide her application dated 19.03.1998, filed in a prescribed proforma. However, for a long time, no appointments took place in the respondent-Corporation. It was also submitted that appellant got married in 2009, but still she would take care of the needs of her widowed mother and there is no bar for giving compassionate appointment to a married daughter and rejecting the claim of a married daughter who is otherwise suitable for seeking compassionate employment defies any logic. It was submitted that the High Court did not keep in view that the appointment has been sought on compassionate grounds for the post of clerk ever since the death of appellant’s father as per the well