A.Sheikh Fareed v. Thirumathi P. Uma Mageshwari, Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN 1.A.Sheik Fareed ... Petitioner in Cont.P.No.1592 of 2022 2.Gunadevan.C ... Petitioner in Cont.P.No.1657 of 2022 Vs.

Tmt.P.Uma Maheswari, IAS, Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Chennai - 600 003.

... Respondent in both Cont.Ps Common Prayer: Petitions filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent for wilfully disobeying the order dated 25.08.2021 in W.P.Nos.17950 and 17952 of 2021 and W.M.P.Nos.19168 and 19170 of 2021 passed by this Hon'ble Court. 1/4

For Petitioners : Mr.M.Radhakrishnan (In Both Cont.Ps) For Respondent : Mr.I.Abrar Mohammed Abdullah (In Both Cont.Ps) COMMON ORDER The petitioners have filed these contempt petitions, to punish the respondent for disobeying the order of this Court in W.P.Nos.17950 and 17952 of 2021 dated 25.08.2021.

2. It is informed by the learned Counsel for the respondent that connected Writ Petitions have been transferred from the Hon'ble Madurai Bench of this Court in W.P(MD).Nos.3949 & 9732 of 2021 wherein, it has been directed keep a post vacant pending disposal of the said writ petitions.

3. On 25.08.2021, this Court has passed the following order, which reads as under:- "Mr.Karthick Rajan, learned Counsel takes notice for the respondent.

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2. In both these writ petitions, prima facie, it appears that the petitioners have the requisite qualifications and the work experience for being appointed to the post of Assistant Electrical Inspector. Since the counseling session is proposed to be held by the respondent tomorrow, there shall be an order of interim direction, directing the respondent to allow the petitioners to participate in the counseling session tomorrow i.e., on 26.08.2021 at 10.00 a.m. However, the result will be kept in a sealed cover and the appointment of the petitioners will be subject to the outcome of these writ petitions.

List the matter on 08.09.2021."

4. When the respective petitioners appeared for counselling, they have given their letters dated 26.08.2021 and have been confined their rights to be selected only to the post of Assistant Electrical Inspector.

5. Considering the fact that there was a positive direction, in this case, the rights of the petitioners are preserved subject to final outcome of the writ petitions. Therefore, these contempt petitions are closed subject to final outcome of the writ petitions. 3/4

C.SARAVANAN, J.

arb

6. In case the petitioners succeed in the writ petitions, they are entitled to file appropriate application for re-opening this contempt to punish the respondent.

09.02.2023 Index : Yes/ No Internet : Yes/No Speaking/Non-Speaking Order arb 4/4