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Supreme Court: Age limit for compassionate appointment determined by date of application, not…
The case concerns an appeal by the family of a deceased employee against the rejection of a compassionate appointment claim for the deceased's son, who turned 35 years old while the application was being processed by the employer.
Who it concerns: Appellants: Raspelli Bhagya Kishaiya & Ors.; Respondents: General Manager, Western Coalfields Limited & Ors.; Bench: Justice Vipul M. Pancholi.
What the court decided
- The Court identified the core legal issue as whether age eligibility is determined by the date of consideration of the application or the date the right accrued/process initiated.
- The Court noted that Clause 9.3.4 of the NCWA prescribes a 35-year age limit but does not specify the relevant cut-off date.
- The Court stated that compassionate appointment is a welfare measure that should be interpreted in a fair and reasonable manner to achieve its object.
Also in the document
- The judgment is marked as 'NON-REPORTABLE'.
- The text provided ends at paragraph 17, before the Court issues its final operative order or decision on the appeal.
- The High Court had previously dismissed the writ petition, holding that the applicant had crossed the age limit by the date the claim was considered.
How this was written
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The original document
Supreme Court of India — orders & judgments
Court order · 17 Aug 2026
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