Employer Cannot Exploit Its Own Delay to Deny Compassionate Appointment

Case Snapshot

• Case Name: Rahul s/o Ramnarayan Madankar & Anr. v. The New India Assurance Company Limited & Ors.

• Citation: 2026 INSC 710

• Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

• Date of Judgment: July 16, 2026

• Area of Law: Service Law, Compassionate Appointment, Administrative Law

Judgment in Brief

The Supreme Court allowed the appeal and directed the respondent-company to grant compassionate appointment to the dependent of an employee who applied for voluntary retirement on medical grounds before attaining 55 years of age. The Court held that the employer could not keep the application pending, communicate the deficiency (requirement of a Medical Board certificate) only after the employee had crossed the age threshold, and then rely on that very consequence to deny the claim. The Court applied the principle that an authority cannot take advantage of its own default. The rejection of compassionate appointment was set aside, and the company was directed to appoint the appellant with age relaxation.

Relevant Facts

• The employee (appellant No. 2) joined the respondent-company on October 18, 1984. His date of birth was December 10, 1960.

• On July 21, 2015, the Civil Surgeon, General Hospital, Gondia, certified him as permanently incapacitated for further service. He was about 54 years old at that time.

• On July 22, 2015, he applied for voluntary retirement on medical grounds. He had not completed 55 years on that date.

• He sent reminders on November 6, 2015, and December 1, 2015, requesting action on his application. Both reminders were sent before he completed 55 years on December 10, 2015.

• The respondent-company neither accepted nor rejected the application, nor did it inform him that a Medical Board certifica

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