Case Note & Summary
The petitioner, Vijaya Ukarda Athor, daughter of late Ukarda Athor, a clerk in Amravati Municipal Corporation, challenged the order dated 18-09-2012 passed by the Municipal Corporation appointing respondent no.3 (her half-brother) and declaring her ineligible for compassionate appointment on the ground that she had married. Ukarda died on 18-06-1997, leaving behind two wives: Shantabai (petitioner's mother) and Kuntabai (respondent no.3's mother). The petitioner applied for compassionate appointment on 19-03-1998 after attaining majority, while respondent no.3 applied later on 25-05-2009. The petitioner objected to respondent no.3's appointment on 19-04-2012. The Corporation passed the impugned order appointing respondent no.3 and rejecting the petitioner's claim due to her marriage. The court examined the scheme for compassionate appointment under the Maharashtra Municipal Corporations Act, 1949, and found no provision barring a married daughter. The court held that the marriage of a daughter does not disqualify her from compassionate appointment. The petition was allowed, the impugned order was quashed, and the Corporation was directed to consider the petitioner's application afresh without reference to her marital status.
Headnote
A) Compassionate Appointment - Eligibility - Marriage Bar - Maharashtra Municipal Corporations Act, 1949 - The court considered whether marriage of a daughter renders her ineligible for compassionate appointment. The court held that the scheme for compassionate appointment does not contain any provision disqualifying a married daughter. The impugned order declaring the petitioner ineligible solely on the ground of marriage was set aside. (Paras 1-4)
Issue of Consideration
Whether a married daughter is ineligible for compassionate appointment under the Maharashtra Municipal Corporations Act, 1949, and the relevant scheme.
Final Decision
The petition is allowed. The impugned order dated 18-09-2012 is quashed and set aside. The respondent no.2 Municipal Corporation is directed to consider the petitioner's application for compassionate appointment afresh without reference to her marital status.
Law Points
- Compassionate appointment
- marriage bar
- eligibility criteria
- daughter's right
- Maharashtra Municipal Corporations Act
- 1949
- scheme interpretation
