IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD The Hon’ble The Chief Justice Sri Aparesh Kumar Singh and The Hon’ble Sri Justice G.M.Mohiuddin Writ Appeal No.1384 of 2025 Dated: 05.01.2026 Between:

The Chief Executive Officer Zilla Parishad, Karimnagar, Telangana ...Petitioner and K.Swamy S/o late Rajaiah ...Respondent

Judgment

Heard Mr. K.Pradeep Reddy, learned counsel for the appellant;

Mr. Ch.Ganesh, learned counsel appearing for respondent No.1/writ petitioner and Ms. M.Shalini, learned Government Pleader for Services-

II appearing for respondent No.2.

2. Appellant – Chief Executive Officer, Zilla Parishad, Karimnagar District, is respondent No.2 in the Writ Petition. Respondent No.1/writ petitioner is the son of late Rajaiah, who passed away on 04.08.2016 while working as part time sweeper under the control of Zilla Praja Parishad, Karimnagar District.

3. Respondent No.1 filed Writ Petition No.23524 of 2017 with a prayer that the action of the appellant and respondent No.2 herein in rejecting his application for appointment on compassionate grounds vide order dated 16.05.2017, ignoring the judgment of the Division Bench of this Court in W.P.No.5916 of 2011 dated 06.12.2012, as confirmed by the Supreme Court in S.L.P.(Civil).No.15595 of 2015 dated 14.05.2015 and the service certificate issued by the Headmaster dated 30.07.2016, as illegal, arbitrary and unconstitutional. He has also prayed for consequential monetary benefits. The learned Writ Court allowed the same vide order dated 30.04.2025, against which, the present Writ Appeal has arisen.

4. Learned counsel for the appellant submits that the deceased was only a part-time worker and was not eligible for regularization of his services as per G.O.Ms.Nos.212 and 112 dated 22.04.1994 and 23.07.1997, respectively. Therefore, his services could not be regularized. The cases of dependents can be considered for compassionate appointment from the date of issuance of such regularization orders only when the services of deceased part-time workers were regularized. The father of respondent No.1 was not appointed prior to the effective date i.e., 25.11.1993 nor completed ten (10) years of continuous service as per the norms prescribed by the Government vide G.O.Ms.Nos.112 and 118 dated 23.07.1997 and

18.08.1999 respectively.

5. On behalf of the writ petitioner, reference is made to the order dated 06.12.2012 passed by the erstwhile High Court of Andhra Pradesh in Writ Petition No.5916 of 2011 and the order dated 11.07.2011 passed by the Hon’ble Supreme Court in Special Leave Petition (CC) No.10630 of 2011, which arose out of the order dated 13.11.2009 passed in Writ Petition No.1045 of 2007 by the erstwhile High Court of Andhra Pradesh. The said Special Leave Petition was dismissed on the ground of delay as also on merits. From a perusal of the order dated 06.12.2012, passed in Writ Petition No.5916 of 2011 by the learned Division Bench of erstwhile High Court of Andhra Pradesh, it appears that the grievance of the petitioner therein was in relation to the non-payment of minimum wages as per the Minimum Wages Act, 1948, as they were treated as part-time Sweepers though working on full time basis. It was in those circumstances that the learned Division Bench referred to the order passed in Writ Petition No.1045 of 2007 and dismissal of aforesaid SLP preferred by the Medical & Health Department against that.

6. Learned counsel for respondent No.1/writ petitioner submits that the learned Writ Court was persuaded by the reasoning and the view taken by the learned Division Bench in Writ Petition No.5916 of 2011 while granting the relief as the case of father of respondent No.1 herein was similar to that of respondent Nos.1 to 4 therein. Therefore, upon regularization of services of his father, respondent No.1 is entitled to compassionate appointment as he had died in harness.

7. We have considered the submissions of learned counsel for the parties and taken note of the relevant pleadin