Supreme Court Holds Age Eligibility for Compassionate Appointment Not Barred by Employer's Delay in Processing

Case Snapshot

Case Name: Raspeli Bhagya Kishaiya & Ors. v. General Manager, Western Coalfields Limited & Ors.

Citation: 2026 INSC 841

Bench: Justice Aravind Kumar and Justice Vipul M. Pancholi

Date of Judgment: August 12, 2026

Area of Law: Service Law, Compassionate Appointment, Labour Law

The Judgment in One Line

Employer cannot reject compassionate appointment claim on age bar when the applicant was eligible on the date the process was initiated and the delay is attributable to the employer.

Why This Judgment Matters

This judgment is a significant clarification of the law on compassionate appointment and age eligibility. The Supreme Court held that when an applicant is within the prescribed age limit on the date of the employee's death or on the date the compassionate appointment process is initiated, the applicant cannot be denied appointment merely because the employer took an unduly long time to process the application. The Court emphasized that the employer cannot benefit from its own delay and that compassionate appointment applications should be processed expeditiously, preferably within six months. This ensures that dependent families are not left in financial hardship due to administrative lethargy.

Background

The deceased employee, Ruspelli Kistaiya, served as a Dozer Operator with Western Coalfields Limited for nearly 36 years and died in harness on December 17, 2020. Appellant No. 2, his son, was aged 34 years, 10 months, and 12 days on that date. On

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