Madras High CourtWMP(MD)/2899/2021disposed of

S. Prince v. Tamil Nadu Public Service Commission

2022-04-08Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Friday, the Eighth day of April Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE D.KRISHNAKUMAR WMP(MD).Nos.2899 and 2953 of 2021 in WP(MD).Nos.3572 and 3652 of 2021 S.PRINCEE [PETITIONER IN WMP(MD).NO.2899 OF 2021] S.JAMUNA RANI [PETITIONER IN WMP(MD).NO.2953 OF 2021] Vs 1 TAMIL NADU PUBLIC SERVICE [RESPONDENTS IN BOTH THE PETITIONS] COMMISSION, REP. BY ITS SECRETARY, PARK TOWN, VOC NAGAR, CHENNAI-600 003.

2 TAMIL NADU PUBLIC SERVICE COMMISSION, REP. BY ITS CONTROLLER OF EXAMINATIONS, PARK TOWN, VOC NAGAR, CHENNAI-600 003.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased To pass an order of interim direction, directing the respondent No.1 and 2 to invite the petitioner for the oral test proposed to be conducted on 25.02.2021 for the Post of Assistant Electrical Inspector in the Tamil Nadu Electrical Inspectorate Service (2018-19), Assistant Engineer (Electrical), PWD in Tamil Nadu Engineering service (201819) and Assistant Director of Industrial Safety and Health (Formerly known as Assistant Inspector of Factories) in the Tamil Nadu Factory Service, 2018-2019 (in WMP(MD).No.2899 of 2021) pending disposal of the WP.No.3572 of 2021 and;

ii) To pass an order of interim direction, directing the respondent No.1 and 2 to invite the petitioner for the oral test proposed to be conducted on 25.02.2021 for the Post of Assistant Electrical Inspector in the Tamil NAdu Electrical Inspectorate Service (2018-19), Assistant Engineer (Electrical), PWD in Tamil Nadu Engineering Service (2018-19) and Assistant Director of Industrial Safety and Health (Formerly known as Assistant Inspector of Factories) in the Tamil Nadu Factory Service, 2018-2019 (in WMP(MD). No.2953 of 2021) pending disposal of the WP(MD).No.3652 of 2021.

Order : These miscellaneous petitions coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of and of MR.SANTHANA RAMAN, Advocate for the petitioner in both the petitions and of MR.P.S.RAMAN, Senior Counsel for the Respondents in both the petitions, the court made the following order:- These Miscellaneous Petitions have been filed seeking interim direction, directing the 1st and 2nd respondents to invite the petitioners for the oral test proposed to be conducted on 25.02.2021 for the post of Assistant Electrical Inspector in the Tamil Nadu Electrical Inspectorate Service (2018-19), Assistant Engineer (Electrical), PWD in Tamil Nadu Engineering Service (2018-19) and Assistant Director of Industrial Safety and Health (Formerly known as Assistant Inspector of Factories) in the Tamil Nadu Factory Service, 2018-2019 pending disposal of these writ petitions.

2. The learned counsel appearing for the petitioners submitted that pursuant to the interim direction passed by this Court in W.P. (MD).No.3652 of 2021 and W.M.P.(MD).No.2953 of 2021 dated 24.02.2021, the petitioners have participated in the oral test held on 25.02.2021 for the post of Assistant Electrical Inspector in the Tamil Nadu Electrical Inspectorate Service (2018-19), Assistant Engineer (Electrical), PWD in Tamil Nadu Engineering Service (2018-19) and Assistant Director of Industrial Safety and Health (Formerly known as Assistant Inspector of Factories) in the Tamil Nadu Factory Service, 2018-2019.

3. Mr.P.S.Raman, learned Senior Counsel appearing for the respondents/TNPSC would submit that pursuant to the aforesaid interim direction passed by this Court, they appeared for the oral test. But however, the result has been withheld by the respondents/TNPSC.

4. The learned counsel appearing for the petitioners seeks interim protection in the interest of the petitioners and he also seeks an interim direction by directing the respondents/TNPSC to keep one post vacant till the final orders has been passed in these writ petitions.

5. In reply, Mr.P.S.Raman, learned Senior Counsel appearing for the respondents/TNPSC fairly submitted before this Court that if the petitioners reach the cut off marks, within the zone of consideration for the selection to the post of Serial No.1 viz., Assistant Electrical Inspector or Serial Nos.5 and 6 viz., Assistant (Engineer (Electrical) and Assistant Director of Industrial Safety and Health respectively, the respondents will keep one post vacant in the concerned posts to the writ petitioners, until further orders passed by this Court. In case if the petitioners do not reach the cut off

marks for the selection to the said post, liberty will be granted to the respondents/TNPSC to proceed further in accordance with law by issuing posting orders to the selected candidates.

6. Recording the said statement made by the learned Senior Counsel appearing for the respondents/TNPSC, W.M.P.(MD).Nos.2899 and 2953 of 2021 are closed with above liberty.

-sd/- 08/04/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION, PARK TOWN, VOC NAGAR, CHENNAI-600 003.

2 THE CONTROLLER OF EXAMINATIONS, TAMIL NADU PUBLIC SERVICE COMMISSION, PARK TOWN, VOC NAGAR, CHENNAI-600 003.

+2 C.C. To MR.M.SANTHANARAMAN, Advocate SR.NOS.2753 & 2754/2022 Order in WMP(MD).Nos.2899 and 2953 of 2021 in WP(MD).Nos.3572 and 3652 of 2021 Date :08/04/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PA (27/04/2022)