Karnataka High Court Orders Compassionate Appointment Of Widow Despite Crossing Upper Age Limit, Calls For 'Humane' Policy

The Karnataka High Court has asked the Managing Director of North West Karnataka State Road Transport Corporation (NWKRTC) to formulate a humane policy for compassionate appointment of kin of deceased employees who expire during course of employment. 

The court also directed the Divisional Controller KSRTC, Gadag Division (respondent no. 4) to appoint 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. 

The woman, sole survivor who did not have any children, had moved the high court claiming that because she had crossed the upper age limit of 45 years, her plea for appointment had been rejected by the corporation.

Justice Suraj Govindaraj in his order said:

“The Managing Director of respondent No.2/Road Transport Corporation is also requested to look into these kinds of matters to formulate an appropriate humane policy, which would be in the best interest of the employees and their family members in the event of the employee expiring during the course of employment.”

The petitioner's husband was working as a controller at a depot and had expired on 25.06.2021. Following which she sought appointment on compassionate ground in Class-D, on account of her educational qualification only satisfying the requirement of such a post.

The corporation rejected the application on the ground that she had crossed the age of 45 years and as such, was not eligible for being appointed on a compassionate basis.

Challenging the same it was argued that petitioner is the wife of the deceased employee and they do not have any children and there is no one else who can take care of her and in that background, her livelihood being affected, she is required to be appointed on a compassionate basis.

The corporation contended that since the petitioner, as on the date of the application made, was 45 years 7 months, she did not qualify. Therefore, the impugned order passed is proper and correct.

The bench noted the purpose of appointing a person on a compassionate basis is to ensure that livelihood of the dependents of the deceased employee continues without any hardship, without any problem and offers security to an employee of the employer that even after his expiry, his dependents would be taken care of by the employer.

It said that in the present case admittedly the petitioner is the wife of the employee who has expired in harness and she does not have any children who can look after her.

The court said “This is a case where the widow has crossed the upper age limit prescribed by the respondents and she has no one to look after her. In such cases, such a strict implementation of the upper age limit would only cause injustice and would not be in the interest of social justice which is required to be advanced by an authority under the State.”

Following which it held, “In that view of the matter, taking into account the special circumstances, namely that the petitioner is a widow who has no one to look after her, I am the considered opinion that the order which has been passed by the respondents is not humane and has in fact caused injustice to the widow of a deceased employee of the Road Transport Corporation.”

It thus allowed the plea. 

Appearance: Advocate Hemanthkumar L. Havaragi for Petitioner.

HCGP P.N Hatti FOR R1.

Advocate Prashant Hosamani for R2 TO R5.

Citation No: 2025 LiveLaw (Kar) 282

Case Title: Lakshmavva Goshellanavar AND State of Karnataka & Others

Case No: WRIT PETITION NO.102208 OF 2025

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