Raspelli Bhagya Kistaiya v. General Manager, Western Coalfields Ltd., Majri Area, Chandrapur and Ors.
Compassionate appointment – Western Coalfields Limited
Case brief
What is this about?
WP 2364/2024, High Court of Judicature at Bombay, Nagpur Bench (neutral citation 2025:BHC-NAG:13112-DB), decided 26-11-2025 by ANIL S. KILOR and RAJNISH R. VYAS, JJ. Petitioner: Smt. Ruspelli Bhagya Kishaiya; respondents incl. General Manager, Western Coalfields Ltd (advocates: A. A. Dhawas for petitioner; S. S. Ghate for respondent nos. 1 to 4). Subject: denial of compassionate appointment to petitioner no.2 (deceased employee's son) on ground of age - 35 years 4 months and 9 days at consideration versus maximum age criteria of 35 years; application dated 03.01.2021, petitioner turned 35 on 05.02.2021; claim considered within 4-5 months without employer-side delay. Outcome: writ petition dismissed, no order as to costs. No statutes or precedents cited in the judgment.
What did the court decide?
The petitioner's argument that he was under 35 years on the date of his application finds no substance because there was no delay on the part of the respondents in considering his request; the claim was considered within a period of 4-5 months, and on the date of consideration it was found that he had crossed the age of 35 years, which is the limit prescribed for appointment.