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2026 Supreme(Online)(Tel) 17797
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sarath, J
Angadi Mahadevamma – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION Nos.1637 of 2026 | WRIT PETITION Nos.4230 of 2026
For the Appellants/Petitioners: Ch. Vijaya Laxmi, G. Rajeshwar Rao
For the Respondents: Assistant Government Pleader for Services-I
A mother, as a Class-I legal heir under the Hindu Succession Act and eligible under the Telangana Revised Pension Rules, has a superior right to the death and terminal benefits of an unmarried government employee over a brother, who is a Class-II heir.
Headnote:The case involves the determination of the rightful claimant for the death and terminal benefits of an unmarried government employee under the Telangana Revised Pension Rules, 1980 (Rules 50, 51, and 52) and the Hindu Succession Act, 1956 (Section 15(1)(c)). The mother of the deceased, who obtained a legal heir certificate from a civil court, and the brother of the deceased, who filed a partition suit, both claimed the benefits. The court found that the mother is the Class-I legal heir and is eligible for the family pension. The primary issue was whether the brother's claim as a Class-II heir and the pendency of a partition suit could obstruct the release of benefits to the mother. The court reasoned that under Rule 50(5) of the Telangana Revised Pension Rules and the Hindu Succession Act, the mother's status as a Class-I heir takes precedence over the brother's Class-II status, and a pending civil suit is not a valid ground to withhold benefits from the primary legal heir. The Writ Petition No.1637 of 2026 is allowed by directing the respondent authorities to process and release all death and terminal benefits in favour of the mother, and the Writ Petition No.4230 of 2026 is dismissed as devoid of merits.
| Table of Content |
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| 1. dispute over terminal benefits between mother and brother of an unmarried deceased employee. (Para 1 , 2 , 3 , 4 , 5) |
| 2. priority of class-i legal heirs over class-ii heirs for pensionary benefits. (Para 6 , 7 , 8) |
| 3. civil decrees and heir classification override pending partition suits in benefit disbursement. (Para 9 , 10 , 11) |
| 4. grant of benefits to the mother and dismissal of the brother's claim. (Para 12 , 13) |
COMMON ORDER:
Both the writ petitions are filed by the mother and son with rival claims for release of death and terminal benefits of late Shivaleela, Assistant Professor in Chemistry at MVS Government Degree College (Arts & Science), Christianpally, Mahabubnagar District, who died while in service on 26.03.2024. In view of the same, both the matters are taken up together for hearing and with the consent of both the contesting parties, these writ petitions are being disposed of at the stage of admission by this common order.
2. Heard Smt. Ch.Vijaya Laxmi, learned counsel for the petitioner in W.P.No.1637 of 2026, Sri G.Rajeshwar Rao, learned counsel for the petitioner in W.P.No.4230 of 2026 and learned Assistant Government Pleader for Services-I appearing for the respondents. Perused the material available on record.
3. The W.P.No.1637 of 2026 is filed by the mother of the deceased employee, questioning the action of the respondent No.3 in insisting upon a Family Member Certificate withholding the death and terminal benefits of late Shivaleela and refusing to release the same, as being contrary to Rules 50, 51 and 52 of the Telangana Revised Pension Rules, 1980 read with Section 15 (1) (c) of the Hindu Succession Act, 1956 as illegal and arbitrary and consequently to direct the respondents to process and release all terminal benefits, death benefits, gratuity, earned leave encashment benefits, TSGLI, GPF, GIS and all service related dues of late Shivaleela in favour of the petitioner, the sole legal heir, in terms of the Legal Heir Certificate passed in O.S.No.51 of 2025 dated 06.08.2025 on the file of IV Additional Junior Civil Judge, Mahabubnagar.
4. The W.P.No.4230 of 2026 is filed by the brother of the deceased employee, questioning the action of the respondent No.3 in not considering the representation dated 14.02.2025 submitted by the petitioner, requesting not to release any amount or death benefits, arrears etc., pertaining to late Shivaleela, without the consent of the petitioner, in favour of the petitioner in W.P.No.1637 of 2026, as illegal and arbitrary.
5. Brief facts of the case as stated are that one late A.Shivaleela, who was unmarried and worked as Assistant Professor in Chemistry at MVS Government Degree College (Arts & Science), Christianpally, Mahabubnagar District, died while in service on 26.03.2024. The petitioner in W.P.No.1637 of 2026 is the mother of the deceased employee and the petitioner in W.P.No.4230 of 2026 is the elder brother of the deceased employee. There is a dispute between the mother and son. The mother of the deceased employee approached the competent Civil Court by filing O.S.No.51 of 2025, seeking declaration as legal heir of late Shivaleela, being mother of the deceased employee and the same was decreed on 06.08.2025 on the file of IV Additional Junior Civil Judge, Mahabubnagar, declaring the mother as the legal heir of the deceased late Shivaleela. The petitioner in W.P.No.4230 of 2026 contended that he has filed a partition suit in O.S.No.28 of 2024 on the file of Principal Senior Civil Judge, Mahabubnagar, against his mother and other family members. Pending the said suit, the mother filed O.S.No.51 of 2025 without impleading him as respondent and impleading one of the grandson, obtained a decree and the same is null and void and claiming that he is one of the legal heirs of the deceased employee as a Class-II legal heir under the Hindu Succession Act, 1956.
6. The contention of the petitioner in W.P.No.1637 of 2026 is that the petiti
