Vijaya Ukarda Athor (Athawale) Versus State of Maharashtra



CIVIL APPEAL NOS.409-410 OF 2015

(Arising out of S.L.P. (C) Nos. 20840-41/2014)

Vijaya Ukarda Athor (Athawale) ..Appellant


State of Maharashtra and Ors. ..Respondents


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 been titled 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 there by declaring the appellant ineligible for the compassionate appointment as she has already got married….read more