Government Of Tamil Nadu v. M.Vadivel Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 03.07.2023

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Government of Tamil Nadu, Rep. By its Secretary, Youth Welfare and Sports Development (S2) Department, Chennai - 9.

... Appellant/1st respondent Vs

1. M.Vadivel Murugan

2. Sports Development Authority of Tamil Nadu Rep. By its Member Secretary, Chennai - 600 084.

... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Pattern to set aside the order dated 18.10.2016 made in W.P.No.25610 of 2015 and allow this writ appeal.

For Appellant : Mr.K.Suresh Government Advocate For Respondents : R1 - No appearance Mr.S.Santhosh Kumar [R2] Page No.1/4

JUDGMENT

(Judgement of the Court was made by Mr.K.KUMARESH BABU.,J.) This intra-court appeal has been filed challenging the order passed by the learned single Judge in W.P.No.25610 of 2015 dated 18.10.2016, wherein, the learned single Judge had directed the appellant to consider the case of the first respondent herein and pass appropriate orders on merits and in accordance with law.

2. The learned Government Advocate appearing for the appellant submitted that the issue is covered by the decision of this Court dated 27.06.2019 made in W.A.No.1954 of 2019.

3. This Court is also apprised of the judgment of the Division Bench of this Court in W.A.No.1954 of 2019 dated 27.06.2019, wherein this Court had held that the learned single Judge has not issued any positive direction, the only direction is to consider the case of regularisation taking into account the earlier service and had found that there is no merit in the writ appeal and the same was dismissed. For better appreciation, the relevant portion of the judgment is extracted hereunder:

Page No.2/4

"4. It is not in dispute that there are several posts of Coach and especially Coach (Hockey) in the Sports Development Authority of Tamil Nadu. Even according to the State, they are in the process of making appointments. Such being the factual position, the learned single Judge was justified in directing the appellant to consider the question of regularisation of the first respondent. In fact, the affidavit filed in support of the Writ Petition also contain an averment that the first respondent possess the qualification for the post of Coach (Hockey). The learned single Judge has not issued any positive direction. The only direction is to consider the case of regularisation taking into account the earlier service from 15.12.2004. We are of the view that there is absolutely no merit in the contention taken by the appellants."

The aforesaid decision taken by the Division Bench of this Court squarely covers this case also. Hence, the writ appeal stands dismissed. No costs.

(R.S.K.,J.) (K.B., J.) 03.07.2023 Index: Yes/No Speaking Order/Non Speaking Order Page No.3/4

mp R.SURESH KUMAR., J.

and K.KUMARESH BABU.,J.

mp To

1. The Secretary, Youth Welfare and Sports Development (S2) Department, Chennai - 9.

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