Amravati, interalia, ordered that the mother of the appellant would be entitled for the benefit of the pension of the deceased.
The appellant filed a review application before the High Court which was also dismissed vide order dated 22.11.2013.
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.
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, 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.
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.
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.
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 companypassionate appointment to married daughter and before the said date the appellant was number eligible for any appointment.
On 19.4.2012, the appellant filed an objection application, raising objection for companysideration of job application filed by respondent No.3 and requesting the authorities number to give him the companypassionate appointment.
The issue relates to the companypassionate appointment between the rival claimants.
The Municipal Corporation vide order dated 18.09.2012 appointed respondent No.3 Sagar Ukarda thereby declaring the appellant ineligible for the companypassionate appointment as she has already got married.
For Petitioner s Mr. Sanjai Kumar Pathak,Adv.
Aggrieved by the order of number grant of appointment, appellant herein filed a Writ Petition No.1341 of 2013 before the High Court of Bombay.
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.
He died on 18.06.1997.
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 companysider the case of the appellant for companypassionate appointment.
BANUMATHI, J. Delay companydoned.
Leave granted.
On 25.5.2009, respondent No.3 moved an application seeking companypassionate appointment.
