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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.354 of 2026

Dated: 25.03.2026

Between:

T.Jeevana Siri …Appellant

and The State of Telangana,

Rep. by its Principal Secretary, Medical, Health & Family Welfare Department,

Dr. B.R.Ambedkar Telangana Secretariat, Hyderabad – 500 022,

and 3 others.

…Respondents JUDGMENT:

Learned counsel Sri Shreyas Reddy.Y appears for the appellant.

Sri Santhapur Satyanarayana Rao, learned Government Pleader

for Services-I, appears for the respondents.

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2. The present writ appeal is preferred against the judgment dated 17.02.2026 passed by the learned writ court dismissing W.P.No.18895

of 2024 preferred by the appellant herein.

3. Upon the death of the appellant’s father in harness on 17.07.2018 while working as a Male Nursing Orderly at MGM Hospital, Warangal, the family of the appellant obtained a certificate from the revenue authorities recognising them as dependants on 04.09.2018 and also got a declaration from the civil court in O.S.No.115 of 2018 of their legal heirship for the purposes of compassionate appointment vide judgment dated 30.07.2019. Thereafter, the widow i.e., the appellant’s mother applied for compassionate appointment of her daughter i.e., the appellant, on 07.09.2018. The appellant’s mother contracted a second marriage on 26.11.2021. Thereafter, the appellant and her brother obtained another decree in O.S.No.148 of 2022 declaring them as legal heirs of the deceased. A family member certificate was also issued on 17.01.2023 reflecting the subsequent developments. The application for compassionate appointment of the appellant sponsored by her mother was rejected on 05.12.2023 on the grounds that the appellant’s mother is a government employee and the family is not in financial distress and also eligible for death-cum-retiral benefits of the deceased. An

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application was preferred by the appellant on 15.12.2023 seeking reconsideration of her case on the grounds that the appellant’s mother incurred second marriage and a decree was obtained in O.S.No.148 of 2022 about their legal heirship after the second marriage of her mother. That the socio-economic status certificate and die-in-harness certificate entitled her claim to be considered independently. The same was rejected by respondent No.3 on 02.07.2024, which was under challenge

in the writ petition.

4. The learned writ court dismissed the writ petition on the ground that the scheme of compassionate appointment provides that if there is no other earning member, a dependent suffering from indigent condition would be employed in Government service. The scheme requires an application within one year from the date of death. The application initially filed was rejected on tenable grounds. Thereafter, no fresh application can be entertained. The immediacy of the hardship has ceased to exist. Being aggrieved, the appellant has preferred the present

appeal.

5. Learned counsel for the appellant has referred to the decision of the Apex Court in Saurabh Chourasiya v. The State of Madhya Pradesh (SLP (Civil) Diary No.26461 of 2022, dated 27.08.2024). It is

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submitted that the rejection of the petitioner’s claim therein was on hyper technical grounds which have been frowned by the Hon’ble

Supreme Court.

6. However, a perusal of the decision in the case of Saurabh Chourasiya (supra) shows that the application for compassionate appointment was made after seven years of the death immediately upon attaining majority by the petitioner. It was rejected on the ground that as not presented within time. The Apex Court in those circumstances held that the rejection of the case of the petitioner was on hyper technical grounds. He had filed the application immediately after attaining majority. In the peculiar facts, the competent authority was, therefore, directed to again consider the application of the petitioner o