K. Ravi Shanker vs The Depot Manager And 3 Others
2021 Latest Caselaw 3002 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
         THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                        I.A.No.2 of 2020
                             In/and
                   WRIT APPEAL No.96 of 2020

COMMON JUDGMENT:         (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




        In the first round, there was no appearance on behalf of

the appellant.      Even in the second round, there is no

appearance on behalf of the appellant.

        Sri N. Praveen Reddy appears for the respondent

Corporation.

The present writ appeal is arising out of order dated

23.04.2007 passed by the learned Single Judge in

W.P.No.8382 of 2007.

The facts of the case reveal that the writ petition was

preferred being aggrieved by order dated 06.05.2002 passed

by the Regional manager and the consequential order dated

17.05.2002 passed by the Divisional Manager appointing the

petitioner as fresh Conductor Grade-II by denying the benefit

of past service. The orders were passed after following due

process of law i.e., after conducting the enquiry and the writ

petition was dismissed.

Against the order passed by the learned Single Judge,

the present writ appeal has been filed with a delay of 4506

days.

In the application for condonation of delay, it has been

stated that due to financial constraints, the appellant was not

able to file the writ appeal in time and, therefore, a delay of

4506 days has taken place.

This Court really fails to understand that an employee,

who was receiving salary, as to how he was facing financial

crunch for filing a writ appeal. The application for

condonation of delay has been seriously opposed by the other

side. This Court, keeping in view the reason assigned in the

application for condonation of delay, does not find any reason

to condone the delay. A litigant, who is sleeping over his

rights for more than a decade, certainly is not entitled for

condonation of delay.

I.A.No.2 of 2020 is dismissed. Consequently, the writ

appeal also fails and is accordingly dismissed.

Miscellaneous petitions, if any, pending in this Writ

Appeal shall stand closed. There shall be no order as to

costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J 26.10.2021 ES