Madras High CourtWP(MD)/24951/2019disposed of

K.Palanisamy v. The State Of Tamil Nadu

2022-04-28Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.24951 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.24951 of 2019 and W.M.P.(MD) No.21535 of 2019 K.Palanisamy ... Petitioner vs.

1.The State of Tamilnadu rep.by its Secretary Department of Youth Welfare and Sports Development Fort St.George, Chennai-600 009 2.The Sports Development Authority of Tamilnadu 116-A, Periyar EVR High Road Nehru Park, Chennai 3.The Senior Regional Manager Tirunelveli Region Tirunelveli 4.The District Sports and Youth Welfare Officer Sivagangai District, Sivagangai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to permit the petitioner to discharge his duty as Gardener and Scavenger in the Swimming Pool under the control 4th respondent District Sports and Youth Welfare Officer, Sivagangai District. For Petitioner :

Mr.R.Jenifar Bibin for M/s.M.Nandhini Priyadharshini For Respondents :

Mr.A.K.Manikkam Special Government Pleader for R1 & R4 No appearance for R2 and R3

O R D E R

The relief sought for in this writ petition is to direct the respondents to permit the petitioner to discharge his duty as Gardener and Scavenger in the Swimming Pool under the control of the respondent - District Sports and Youth Welfare Officer, Sivagangai District.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.24951 of 2019

2. The petitioner was appointed as Gardener and Scavenger on 01.03.2010 and discharged his duties. The petitioner states that he was orally ousted from service. Thus, he has filed this writ petition.

3. The learned Special Government Pleader appearing for the respondents 1 and 4 made a submission that the petitioner was accommodated as a contract employee to maintain the swimming pool.

4. This Court is of the considered opinion that when the petitioner was appointed as a temporary contract employee to maintain the swimming pool, he is not entitled for regularization of service. If at all any vacancy arise and the service of the petitioner is satisfactory, then his case is to be considered for engagement under the scheme or on contract basis.

5. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1.The Secretary, Department of Youth Welfare and Sports Development, State of Tamilnadu, Fort St.George, Chennai-600 009.

2.The District Sports and Youth Welfare Officer, Sivagangai District, Sivagangai.

+1 CC to M/s.SPL. GP ( SR-22987[F] dated 29/04/2022 ) W.P.(MD) No.24951 of 2019 and W.M.P.(MD) No.21535 of 2019 28.04.2022 RK(16/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2