Citation : 2025 Latest Caselaw 6598 Tel
Judgement Date : 19 November, 2025
THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
AND
THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
I.A. No.1 of 2025
in/and
WRIT APPEAL No. 1100 of 2025
JUDGMENT:
Sri G. Narayana, learned counsel appears for appellant.
Sri K. Ramakrishna, learned counsel appears for
Sri P. Raghavender Reddy, learned counsel for respondent
No.1/writ petitioner.
Sri S. Suman, learned Government Pleader for
Services-III appears for respondent No.3.
2. The present Writ Appeal is directed against the
impugned order dated 05.02.2024 passed in Writ Petition
No.34356 of 2022 whereby the learned writ Court directed the
respondent authorities to implement the order dated
02.11.2011 passed by the learned Tribunal in O.A.No.8545 of
2011, within a period of two (2) months. The learned Tribunal
had in the order dated 02.11.2011 extended the relief, as
directed in O.A.No.7908 of 2011 vide order dated 22.09.2011, 2 HCJ (AKrS, J) & GMM, J
to the writ petitioner that he was entitled for retrospective
regularization of his services for the purposes of pension and
pensionary benefits. Respondent No.1 had approached the writ
Court aggrieved by the non-implementation of the order dated
02.11.2011 passed by the learned Tribunal in O.A.No.8545 of
2011 for the purposes of pension and pensionary benefits
without any monetary benefit as was done in the case of
others.
3. The instant Writ Appeal suffers from a delay of 566
days. Interlocutory Application No.1 of 2025 seeks
condonation of delay on the grounds contained in para 11 of
the accompanying affidavit which is extracted hereunder:
"It is submitted that there is a delay in filing the present Appeal due to getting the order copy and communication gap, transfers of the concerned officers and coordination by the concerned in perusing the case and the delay is neither willful nor wanton only due to the above said reason."
4. Learned counsel for the appellant submits that if the
delay is not condoned and if such a relief is granted to the writ
petitioner, it would lead to serious repercussions.
3 HCJ (AKrS, J) & GMM, J
5. Learned counsel for respondent No.1 has strongly
objected to the prayer for condonation of delay.
6. Upon consideration of the rival submissions of the
parties and the only ground urged on behalf of the appellant,
we are of the view that the appellant has failed to furnish any
sufficient cause whatsoever for condonation of delay of 566
days in preferring the instant Writ Appeal.
7. Bureaucratic red tape and procedural delays in preferring
the appeals by the State or its instrumentalities had often been
frowned upon by the Apex Court in a series of judgments,
such as, Shivamma (Dead) by LRs v. Karnataka Housing
Board and others 1. The machinery of the organization does not
come to a standstill on transfers of the Heads of the
Departments or any Subordinate Officer. Therefore, we are not
inclined to condone the delay.
2025 SCC OnLine SC 1969 4 HCJ (AKrS, J) & GMM, J
8. Accordingly, the instant Interlocutory Application is
dismissed. Consequently, the instant Writ Appeal is also
dismissed. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand
closed.
____________________________ APARESH KUMAR SINGH, CJ
_____________________ G.M.MOHIUDDIN, J 19th NOVEMBER, 2025.
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