Karnataka High Court Asks Authority To Consider Relaxing Age Limit For Compassionate Appointment Of Widow

The Karnataka High Court recently set aside decision of the Northwestern Karnataka State Road Transport Corporation (NWKSRTC) rejecting a widow's pleas seeking compassionate appointment, on the ground that she had crossed the cut-off age as prescribed in the scheme.

Justice M Nagaprasanna partly allowed the petition by Saroja Kondai and set aside the endorsements dated 17.01.2025 and 10.05.2025, issued by the corporation which had rejected her request.

Further it remitted the matter back to the Corporation to reconsider the application of the petitioner seeking appointment on compassionate grounds within 8 weeks. 

The court referred to a Co-ordinate bench's decision interpreting this very scheme in W.P. No.102208 of 2025, wherein the court had directed the appointment of a woman, widow of deceased employee of NWKRTC, as a group D employee of the corporation, without reference to the upper age limit as per the usual terms of service conditions applicable to a class-D employee of the corporation.

Agreeing with the co-ordinate bench's order Justice Nagaprassana said “The Co-ordinate Bench holds that merely because the age of the applicant, seeking for appointment on compassionate grounds, is beyond 43 years, the appointment cannot be denied, and has directed the appointment to be considered without reference to the upper age limit, and has further directed that cases of this kind need, to be regulated by formulating a humane policy. I am in respectful agreement with what the Co-ordinate Bench has held, but I deem it appropriate to amplify the order.”

The court referred to Supreme Court's decision in Canara Bank vs. Ajithkumar G.K. (2025) where it was held that the need for compassionate appointment should be the consideration by any Corporation or the employer while rejecting or accepting the application.

The high court said that no such analysis has been made in the present case as is directed by the Apex Court. 

"Therefore, the petition deserves to succeed on the sole score that the Corporation will have to now reconsider the application, of the petitioner seeking appointment on compassionate grounds with regard to a relaxable age limit or the extendable age limit, owing to the circumstances that the applicant has narrated, in two of the representations submitted by her. In that light, the petition deserves to succeed albeit in part" it said.

The husband of the petitioner, who was working as a Driver cum Conductor in the Corporation from 04.04.2006 onwards, had died in harness on 27.09.2023. Immediately after his death, the petitioner filed an application seeking appointment on compassionate grounds. This was rejected on the ground that the age of the petitioner is beyond 43 years, as she was 47 years at the time when she became a widow.

The petitioner argued that the scheme for appointment on compassionate grounds, though restricts the age at 43, the object of compassionate appointment is given a go-bye, as one has to become a widow before 43 years, if the scheme is to be taken stricto sensu.

The corporation contended that while it is an unfortunate circumstance that the petitioner became a widow after the age of 43 years, the appointment on compassionate grounds is not an alternate source of recruitment and the cut-off age in terms of the Scheme is not relaxable at all. Therefore, if an application has to be considered the age of such applicant should be 43 years and not beyond that.

The petition was partly allowed. 

Appearance: Advocate Girish V.Bhat for Petitioner.

Advocate Prashant Hosamani for Respondents

Citation No: 2025 LiveLaw (Kar) 370

Case Title: Saroja Kondai AND Managing Director & Others

Case No: WRIT PETITION NO. 106296 OF 2025

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