HONOURABLE SRI JUSTICE P.SAM KOSHY AND HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.38394 of 2025 Date:21.01.2026 Between:

Mr.Ch.Chandu …Petitioner And State of Telangana, rep.by its Principal Secretary, Law Department, Telangana Secretariat, Hyderabad and others.

…Respondents ORDER: (per Hon’ble Sri Justice P.Sam Koshy)

Heard Mr.P.Venugopal, learned Senior Counsel appearing for Mr.Mohammed Adam, learned counsel for the petitioner; Ms.M.Shalini, learned Government Pleader for Services-II and Mr.A.Naren Rudra, learned Standing Counsel for High Court, appearing on behalf of respondents respectively and perused the record.

2. The present is the case, where the petitioner has approached this Court assailing the action on the part of the respondents in discontinuing him from service invoking the provisions of F.R.18-A(a) deeming the petitioner to have resigned from service.

3. The little facts that would be relevant for the disposal of the present Writ Petition is that the father of the petitioner was an employee of the respondent-High Court working in the post of Assistant and who died in harness on 20.04.2020 after having served the respondent-High Court for 24 years. Since the father of the petitioner died in harness, the petitioner had applied for compassionate appointment and the respondents after due process and verification of his claim found the petitioner eligible for compassionate appointment and vide order dated 24.03.2021 appointed him on compassionate grounds as Assistant in the category 4 (a) of Division II in the service of High Court.

4. However, the petitioner submits that after having worked for a couple of years, the petitioner developed certain health issues inasmuch as he was severely affected with SIATICA and which made the petitioner immovable for considerable long period of time and for which he has been taking treatments for a long time and on account of which, the petitioner could not attend to his regular office duties. The petitioner remained absent from duty with effect from 22.06.2023 onwards. Meanwhile, since there was unauthorizedly long absence of the petitioner from service with effect from 22.06.2023 onwards, respondent-High Court issued him with a show-cause notice seeking his explanation as to why it should not be treated of the petitioner having resigned from service as he remained absent for a period more than one year and in terms of FR 18-A (a) it will amount to deemed resignation. To the said show-cause notice also it appears that the petitioner did not respond and finally respondent No.3 issued the impugned order on 11.12.2024 passing a formal order of the service of the petitioner deeming to have been resigned with immediate effect. It is against this order that petitioner seems to have aggrieved and filed the instant Writ Petition.

5. Though the petitioner has infact submitted few medical certificates to justify the absence from duty and also in respect of his ill-health, but, we do not find any document with cogent material produced along with the writ petition to show that the petitioner had duly intimated the respondent-High Court in respect of both firstly his health condition and secondly seeking grant of leave for the period of absence. The petitioner also did not justify his conduct even at the stage of issuance of show-cause notice. However, what cannot be brushed aside is the fact that the petitioner was granted employment on compassionate basis. The basis of his employment was the death of bread winner in the family that is his father who was working with the respondents on the post of Assistant at the time would also needs to be given due weightage and 24 years of service served by the father of the petitioner to the respondent-High Court.

6. In the aforesaid factual backdrop, we are of the considered opinion that it would be more appropriate if the petitioner is permitted to approach respondent Nos.2 and 3 by an appropriate mercy petition explaining his conduct so fa