LAWS(MAD)-2010-2-356

C KIRUPA Vs. STATE OF TAMIL NADU

Decided On February 24, 2010
C. KIRUPA Appellant
V/S
STATE OF TAMIL NADU, REP. BY THE SECRETARY TO GOVERNMENT, CHENNAI Respondents

JUDGEMENT

(1.) THE petitioner has filed this writ of Certiorarified mandamus in calling for the records in pursuant to the impugned order passed by the second respondent in D.Dis.No.15533/A1/2001 dated 31.12.2003 and to quash the same and consequently to direct the respondents in promoting the petitioner retrospectively as Sports Hostel Coach with effect from 27.09.1985 as per G.O.Ms.No.80, Education Department dated 20.01.1987 and resultantly to promote the petitioner as District Sports Officer with retrospective effect on par with his junior with all monetary benefits, arrears and other consequential service benefits.

(2.) ACCORDING to the petitioner, the Sports Department is functioning as two wings viz., The Directorate of Sports and Youth Services and Tamil Nadu State Sports Development Corporation (erstwhile State Sports Council) and that the Sports Schools and Sports Hostels are coming under the Directorate of Sports and Youth Services.

(3.) THE petitioner was appointed as an Athletic Coach and joined at Sports Hostel, Madurai on 27.09.1982 as per G.O.Ms.No.1066 dated 29.05.1982 and Roc.No.8861/A1/82 dated 24.09.1982, based on G.O.Ms.No.1846, Education Department dated 08.09.1980. By means of G.O.Ms.No.1846 Education Department dated 08.09.1980, he might have been promoted as Warden Sports Hostel earlier. However he was denied the promotion even after his repeated request made on 05.01.1984, 21.05.1984, 11.02.1985 and 03.05.1985 respectively. But the District Sports Officers were appointed from the graduate coaches of Tamil Nadu State Sports Council in 1983, 1985 and 1986 and some of them were deputed as Warden Sports Hostel, since the basic pay was identical.