VIJAYA UKARDA ATHOR (ATHAWALE) versus STATE OF.MAHARASHTRA AND ORS.

VIJAYA UKARDA ATHOR (ATHAWALE) versus STATE OF.MAHARASHTRA AND ORS.

The questions relating to eligibility for compassionate appointment based on government resolutions and policy changes, non-consideration of earlier applications, and eligibility of illegitimate children require factual and legal clarification. The matter is remitted to the High Court for fresh consideration in light of the relevant government resolutions and policy decisions.

Parties
Appellant: Vijaya Ukarda Athor (Athawale); Respondents: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
14 January 2015
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition and Review Application by Bombay High Court
Outcome
Appeals allowed; impugned orders set aside; matter remitted to High Court for fresh consideration.
Legal Topics
Compassionate Appointment, Eligibility of Married Daughter, Eligibility of Illegitimate Child
Service Law Compassionate Appointment Eligibility of Married Daughter Eligibility of Illegitimate Child

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Parties

Vijaya Ukarda Athor (Athawale)

Appellant

State of Maharashtra and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition and Review Application by Bombay High Court

Legal Issues

  1. 1 Effect of Government Resolution dated 26.10.1994 restricting eligibility to unmarried daughters
  2. 2 Effect of State Government Policy Decision dated 26.02.2013 allowing married daughters eligibility
  3. 3 Non-consideration of applicant's earlier applications

Ratio Decidendi

The questions relating to eligibility for compassionate appointment based on government resolutions and policy changes, non-consideration of earlier applications, and eligibility of illegitimate children require factual and legal clarification. The matter is remitted to the High Court for fresh consideration in light of the relevant government resolutions and policy decisions.

Court Disposition

Appeals allowed; impugned orders set aside; matter remitted to High Court for fresh consideration.

Orders

  • Impugned orders of the High Court in Writ Petition No.1341 of 2013 dated 18.03.2013 and Review Application No.511 of 2013 dated 22.11.2013 are set aside.
  • Matter remitted to the High Court for fresh consideration.