Madras High Court
Government Of Tamil Nadu vs M.Vadivel Murugan on 3 July, 2023
Writ Appeal No.1984 of 2019
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
Writ Appeal No.1984 of 2019
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]
https://www.mhc.tn.gov.in/judis
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Writ Appeal No.1984 of 2019
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:
https://www.mhc.tn.gov.in/judis
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Writ Appeal No.1984 of 2019
“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
Neutral Citation:Yes/No
https://www.mhc.tn.gov.in/judis
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Writ Appeal No.1984 of 2019
mp
R.SURESH KUMAR., J.
and
K.KUMARESH BABU.,J.
mp
To
1. The Secretary,
Youth Welfare and Sports Development (S2) Department,
Chennai – 9.
Writ Appeal No.1984 of 2019
03.07.2023
https://www.mhc.tn.gov.in/judis
Page No.4/4
