Nishka Srinivas Veluvali –
Published on: November 24, 2021 at 21:15 IST
The Madras High Court quashed a Public Interest Litigation (PIL) requesting a Government Job by S. Kavitha, Former captain of National Women’s Kabaddi teams and Asian Games Gold Medalist.
The Bench including Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu observed that a PIL cannot be utilized for employment matters for the declaration of individual rights.
“A Petition of the nature of public interest is not maintainable to espouse the cause of an individual and in service matters that is even to seek an appointment or any dispute relating to service,” the Bench observed.
The Petitioner Association representing Ms. Kavitha requested the Court to recognize her contribution to the field of Sports as a former captain of the Woman Kabaddi team as well as a Gold Medal winner in the Asian Games.
On 22 November, the Association claimed that they want to bring the Court’s notice on the careless attitude of the government that deprived employment to the sportsperson like Ms. Kavitha.
“Such a lackadaisical attitude from the government would lead to the disinterest of those who want to engage in sports activities” the Petitioner argued.
The Bench upon scrutinizing the Affidavit of the Petitioner noticed that Ms. Kavitha was provided with employment and denied with acceleratory promotion.
Ms. Kavitha was later relieved from her service due to a contract breach in 2016 and the Petition regarding the same has been pending in High Court.
The Court stated that “When the sportswomen had already been granted employment by the State, the argument that the latter failed to recognize the merit of the player who was even appreciated by the President is unfounded.”
The Court observed that her Writ Petition against removal from service is still being pending hence her reinstatement Plea cannot be considered.
The Court noted that Ms. Kavitha accepted her employment after admitting to the condition that she won’t be eligible for accelerated promotion because of a lack of required qualifications.
The Bench correspondingly dismissed the Writ Petition.
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