(The Government Of Tamilnadu v. T.Mohammed Thajudheen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2020 CORAM :

THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.A.No.1690 of 2015 and M.P.No.1 of 2015 The Secretary Tamil Nadu Public Service Commission Frazer Bridge Road, Park Town, V.O.C.Nagar Chennai-600 003.

.. Appellant -vsT.Mohammed Thajudheen ..

Respondent Prayer:- Writ Appeal filed under Clause 15 of Letter Patent Act, against the order dated 06.11.2015 in M.P.No.1 of 2015 in W.P.No.36134 of 2015 in and by which the appellant Commission was directed to permit the respondent herein to participate in the counseling for Group-IV services.

MP.No.1 of 2015 in WP.No.36134/2015 dated 06/11/2015:Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant ad-interim direction, Directing the respondent to Allowing the Appeal in part against the Judgment and Decree the petitioner to participate in the counselling which is going to the conduct on 6/11/2015 at 8.30a.m (in Miscellaneous Petition 1/2015) pending. WP.No.36134 of 2015:Pleased to issue a Writ of Mandamus (or) any other appropriate writ or order or direction in the nature of Writ, Directing the respondent to appoint the petitioner as Junior Assistant in Group IV Services for the year 2013-2014 2014-2015 conducted by the respondent.

For Appellant :

Ms.C.N.G.Niraimathi TNPSC For Respondent :

No appearance

J U D G M E N T

(Judgment of the Court was made by Dr.Vineet Kothari, J) This Writ Appeal has been filed by the State only as against the interim order passed by the learned single Judge in Miscellaneous Petition No.1 of 2015 in W.P.No.36134 of 2015 directing the Appellant/Tamil Nadu Public Service Commission to permit the Respondent/Student to participate in the counseling which was to be conducted way back on 16.11.2015 at 8.30 A.M. The said counseling was not allowed to the Respondent/student. However, the main writ petition is pending before the learned Single Judge.

2. It is represented by the learned counsel for the Appellant that the learned counsel appearing for the Respondent/student has informed to the learned counsel for the Appellant that they are not interested to contest the Writ Appeal.

3.We have heard the learned counsel for the Appellant.

4. We are of the opinion that no interference in the interim order passed by the learned Single Judge in the aforesaid Miscellaneous Petition is called for and the present Appeal filed by the Tamil Nadu Public Service Commission can be disposed of with a request to the learned Single Judge to dispose of the Writ Petition in W.P.No.36134 of 2015 expeditiously, if the Writ Petitioner/student is interest in pursuing the Writ Petition on merits.

5. Accordingly, this Writ Appeal is disposed of with the aforesaid direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Insp cell) //True Copy// Sub Assistant Registrar arr

To 1.The Secretary The Government of Tamilnadu TamilNadu Public Service Commission, Fazeer Bridge Road Park Town VOC Nagar Chennai W.A.No.1690 of 2015 and M.P.No.1 of 2015 aa05/02/2020