Citation : 2026 Latest Caselaw 576 Tel
Judgement Date : 9 April, 2026
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
I.A.No.2 of 2025
in/and
WRIT APPEAL No.339 of 2025
DATED: 09.04.2026
Between:
Telangana State Road Transport Corporation,
Represented by its Managing Director, Bus Bhavan,
RTC X Roads, Hyderabad & 2 others
... Appellants
AND
A.Srinivas S/o. A.Agaiah
... Respondent
JUDGMENT:
Mr. G.Vidya Sagar, learned Senior Counsel representing Mr. U. Shanti
Bhushan Rao, learned counsel appearing for the appellants.
Mr. V.Narasimha Goud, learned counsel appearing for the respondent.
2. Heard learned Senior Counsel for the appellants on the delay condonation
application made through I.A.No.2 of 2025 in W.A.No.339 of 2025.
3. An objection thereto has also been filed by the respondent/writ petitioner.
4. The instant appeal is directed against the impugned order dated
27.12.2023 passed by the learned writ Court in W.P.No.36859 of 2013 directing
regularisation of the respondent's service on par with similarly situated persons
with effect from 01.07.2009 with all consequential benefits after setting aside
the order dated 10.04.2013 whereby the appellants refused to regularise the
respondent's services. Though the impugned order is dated 27.12.2023, the
appeal has only been filed on 15.03.2025 after a delay of 412 days. The only
explanation in the affidavit of the delay condonation application is at para 17,
which is quoted hereunder:
"17. It is submitted that this Hon'ble Court has passed order on 27.12.2023 in W.P.No.36859 of 2013. After receipt of the copy of the order, opinion of the Standing Counsel was taken with regard to implements of the order. After taking opinion of the Standing Counsel, a decision was taken to prefer an appeal. Accordingly, the records pertaining to the case was sent to the then Standing Counsel for drafting the writ appeal. However, the case file misplaced and was later found to be mixed up with other case bundles. After the case file was traced and the writ appeal was being drafted. In the meanwhile new Standing Counsel was appointed to the Corporation. All the case files including the case files of the present case files were transferred from old Standing Counsel Sri A. Srinivas Reddy to the office of the new Standing Counsel Sri A.Shanthi Bhushan. Thereafter, the new standing counsel had taken steps for the drafting and filing of the new writ appeal. Due to the above reasons, delay occurred in filing the present Writ Appeal and thus, there is delay of 412 days in filing the present appeal. The delay is neither willful nor wanton, but for the reasons, as stated above. The appellants have fair chances of succeeding in the appeal. Unless, the Hon'ble Court condones the delay of 412 days in preferring this appeal, the appellants would be put to irreparable loss and injury. I crave leave of this Hon'ble Court, to read the accompanying Memorandum of Grounds, as part and parcel of the present affidavit."
5. Apart from the usual grounds of obtaining opinion from the learned
Standing Counsel, drafting of the writ appeal and the plea of the file being
misplaced in the process, there is no other sufficient ground made out. The
appellant has also taken a plea of the change in the Standing Counsel.
Respondent/writ petitioner has taken strong objection to the prayer for
condonation of delay.
6. Upon hearing learned counsel for the parties and upon perusal of the
interlocutory application specially statements made at para 17 quoted above, we
find that there is no worthwhile explanation to explain a huge and inordinate
delay of 412 days in preferring the instant appeal. As such we are not inclined
to condone the delay.
7. Therefore, I.A.No.2 of 2025 is rejected. Consequently, the Writ Appeal is
also dismissed. There shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
______________________________________ APARESH KUMAR SINGH, CJ
______________________________________ G.M.MOHIUDDIN, J
Date: 09.04.2026 KL
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