Madras High Court

WA/1080/2024 of YUVARAJ Vs THE SECRETARY TO GOVERNMENT on 18 September 2026

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WA No. 1080 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WA No. 1080 of 2024

CNR:{HCMA011961942023}

AND

CMP NO. 7801 OF 2024

Yuvaraj

S/o.Janakiraman, No.2340 B Type, 3rd Main Road, MMDA, Mathur, Chennai 68.

..Appellant(s)

Vs

The Secretary To Government

Legislative Assembly Secretariat, Fort St. George, Chennai 9.

..Respondent(s)

Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order, dated 7.9.2023 passed in the Writ Petition No. 26216/2023.

For Appellant(s):

Mr.R.Thomas

For Respondent(s):

Mr.A.R.Suresh,

Special Government Pleader

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Judgment

(Judgment of the Court was delivered by S.M.Subramaniam J.)

The writ petitioner is the appellant. He was engaged as a Trainer in the Gymnasium of MLA Hostel for the legislators on 11.04.2012 with a consolidated pay of Rs.10,000/-. The appellant was subsequently relieved

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WA No. 1080 of 2024

from services. Thus, he filed a writ petition seeking regularisation by creating a permanent post of Gym Instructor.

2. Creation or abolition of posts in Government departments is the administrative prerogative of the Government. High Courts, in exercise of the powers of judicial review, cannot direct the Government to create a post to accommodate a person. Such a power is not vested with the Court and would fall beyond the realm of the power of judicial review. If at all any recruitment notification is issued by the Sports Department of Tamil Nadu, the petitioner may participate in the process of selection. However, the relief as such sought for to issue a direction to create the post is not entertainable. Thus, the writ order is in consonance with the legal principles and therefore, the writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 18-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST

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WA No. 1080 of 2024

To The Secretary To Government Legislative Assembly Secretariat, Fort St. George, Chennai 9.

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WA No. 1080 of 2024

S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 1080 of 2024 AND CMP NO. 7801 OF 2024 18-09-2026

( Uploaded on: 21/09/2026 03:23:40 pm )

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