Madras High CourtWP/16492/2018disposed of

D.C. Nathanieal v. The Lieutenant Governor Of

2019-06-18Honourable Mr Justice V. Parthiban4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.06.2019

CORAM

THE HONOURABLE Mr. JUSTICE V.PARTHIBAN W.P.No.16492 of 2018 1.D.C.Nathanieal 2.V.Panirselvam 3.C.Coumarane 4.M.Srinivasan 5.Durai Arokiaraj 6.S.Sankaran 7.M.Harikrishnan 8.V.Jayakumar 9.S.Rajendiran 10.R.Staline 11.K.Nandhagopal 12.M.Arivoukarasy 13.P.Chittibabu 14.A.Asokumar 15.A.Santharam 16.Y.Irudhayaraj 17.V.Venkadesan 18.K.Suresh 19.D.Balamourougan 20.S.Abraham Lingan 21.D.Dhaksinamurthi 22.Aswin Kumar Varma ... Petitioners Vs.

1.The Lieutenant Governor of Puducherry Government of Puducherry, Rajnivas Puducherry.

2.The Chief Secretary to Government, Government of Puducherry Secretariat, Puducherry - 605 001.

3.The Secretary to Government (Education), Secretariat, Puducherry - 605 001.

4.The Director, Directorate of School Education, Directorate of School Education, Perunthalaivar Kamarajar Centenary Educational Campus 100 Feet Road, Anna Nagar, Puducherry - 605 005.

5.The Deputy Director of Sports and Youth Service, Office of the Director of Sports, Education Department Complex, Perunthalaivar Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar, Puducherry - 605 005.

6.The Member Secretary, Puducherry State Sports Council, Indira Gandhi Sports Complex, Uppalam, Puducherry.

7.The Chairman, Puducherry State Sports Council, Indira Gandhi Sports Complex, Uppalam, Puducherry.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to regularize the services of the petitioners for the post of coach in their respective sports discipline by absorbing them to regular post of coach with relevant pay scale from the date of their initial appointment with all monetary and non monetary benefits.

For Petitioners: Mr.L.Chandrakumar For Mr.Prakash Adiapadam For Respondents : Mr.Syed Mustafa Government Pleader (Pondy)

ORDER

The petitioners are working as Sports Coaches in various sports discipline. According to them, their services have not been regularised, despite they are being employed for long number of years. According to the petitioners, they have been representing to the authorities concerned to consider their case for regularisation, since they were recruited through proper channel after subjecting them to regular selection. According to the petitioners, all of them are fully qualified regular coaches in various sports discipline.

2.When the matter is taken up for hearing, on behalf of the respondents, Mr.Syed Mustafa, learned Government Pleader (Pondy) has entered appearance and filed counter affidavit. 3.Mr.L.Chandrakumar, learned counsel appearing for the petitioners would submit that the petitioners would be satisfied if the writ petition is disposed of with a direction to the 3rd respondent to pass appropriate orders on their representations, within a stipulated time.

4.In this connection, the learned counsel would draw the attention of this Court to the representation submitted through Puducherry Sports Council Coaches Association dated 08.10.2014 and 24.05.2016 etc. followed by individual representations dated 15.06.2016 and 04.04.2016 etc. Despite the representations submitted by the petitioners individually as well as on their behalf of Association, no result has been evoking from the end of the respondents. Therefore, the learned counsel makes a request to this Court to direct the 3rd respondent to dispose of the representations.

5.The learned Government Pleader appearing for the respondents would not have any legitimate objection for such direction being issued.

6.In the above circumstances, the Writ Petition is disposed of with the following directions:

(i) The 3rd respondent is directed to consider and pass appropriate orders on the representations filed by the Association as well as individual petitioners with regard to the claim for regularisation, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

(ii) The 3rd respondent shall also take into consideration that any proposal for regularising the petitioners as coaches in various sports discipline is in place while passing orders as directed above. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

Sgl To 1.The Lieutenant Governor of Puducherry Government of Puducherry, Rajnivas Puducherry.