Petitioner sought regularization of services as a Contract Coach. Court relied on identical precedent to direct respondents to consider appointment and keep one post vacant.
Directed respondents to consider appointment and keep one Coach (Hockey) post vacant within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2016
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBBIAH
W.P.No.25606 of 2015
and M.P.Nos.1 and 2 of 2015
R.Anbalagan .. Petitioner
vs.
1. Government of Tamil Nadu,
Rep by its Secretary,
Youth Welfare and Sports Development (S1) Department,
Chennai-9.
2. Sports Development Authority of Tamil Nadu,
Rep by its Member Secretary,
Chennai-600 084. .. Respondents
Prayer: Writ 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
petitioner from the date of initial appointment with all
attendant benefits.
For Petitioner : Mr.R.Subramanian
For Respondents : Mr.K.Dhananjayan,
Special Government Pleader for R1
Mr.I.Sathish for R2
O R D E R
This Writ Petition has been filed praying for issuance of a Writ of Mandamus directing the respondents to regularize the services of the petitioner from the date of initial appointment with all attendant benefits.
Coaches on regular basis, if they are recommended by Employment Exchange and satisfy all other criteria pertaining for regular appointment and the District Sports Offices were directed to get an undertaking from the Coaches. Accordingly, the petitioner executed an undertaking stating that he is willing to work as regular appointment Hockey Coach in SDAT. But instead of regularizing his service, he is being continued only as contract Coach and the respondents have appointed new Coaches on permanent basis without regularizing the contract Coaches, who have been working from 2004 onwards. While so, the first respondent had issued G.O.Ms.No.42 dated 04.07.2012 stating that 139 posts of Coaches have been sanctioned in which 129 have been filled up with 51 permanent Coaches and 78 contract Coaches and 10 posts are to be filled up. As on December 2012, 20 regular posts were available and instead of regularizing the services of the petitioner, the respondents sought to recruit from outside. Therefore, the petitioner and 13 other similarly placed persons filed writ petitions seeking regularizing of their service from the date of appointment with all attendant benefits and also for interim injunction restraining the second respondent from terminating their services. In the said writ petitions, the second respondent had filed a counter affidavit stating that there is no proposal to terminate the petitioners from service. During the pendency of those writ petitions, the second respondent informed the petitioner and others that they would regularize their services, if the writ petitions are withdrawn. Acting upon the assurance from respondents, they withdrew the writ petitions with liberty to file fresh writ petitions, if necessary. Hoping that the respondents would abide by the proceedings in R.C.No.14304/AO-1-2006 dated 17.10.2007 and assurances, the petitioner had submitted the application. Now the petitioner came to know that the respondents would not act on the proceedings dated 17.10.2007, but proceed ahead with the recruitment process and therefore, came forward with this writ petition.
respondent and also perused the entire materials available on record.
Sd/-
Assistant Registrar
Dated: 03/11/2016
* Corrected as per order
of this court , dated 01/12/2016
Sd/-Assistant registrar(CO)
Dated: 19/01/2017
//True Copy//
Sub Assistant Registrar
jvm
To
1. The Secretary, To be substituted this
Government of Tamil Nadu, order alreay Despatched
Youth Welfare and Sports Development on 04/11/2016
(S1) Department,
Chennai-9.
2. Sports Development Authority of
Tamil Nadu,
Rep by its Member Secretary,
Chennai-600 084.
+1cc to Mr.MR. R. Subrananian, Advocate, S.R.No.71074
+1cc to Mr. I. Sathish, Advocate SR 71449
W.P.No.25606 of 2015
ak(CO)
md(4/11/2016)
sp/23/1
Colour shows how this judgement treated each authority
W.P.No.23081 of 2015Applied¶15
W.P.No.23081 of 2015 dated 29.07.2015
1 provisions across 1 enactments
R.Anbalagan
Government of Tamil Nadu
Sports Development Authority of Tamil Nadu
R.Subbiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
