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Madras High CourtCONT P(MD)/282/2020closed

Mr.Iniyavan v. K.Nanthakumar

2020-03-04Honourable Mrs Justice J. Nisha Banu2 pages

Cont.P.(MD) No.252 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2020

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU Cont.P.(MD) No.282 of 2020 in W.P.(MD).No.24759 of 2018 Iniyavan ... Petitioner/ Petitioner -VsK.Nanthakumar, the Tamil Nadu Public Service Commission, represented by its Secretary, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

... 1st Respondent/ Contemnor Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying to punish the contemnor/ respondent for willfully disobeying and non complying with the order of this Court dated 07.01.2019 in W.P.(MD). No.24759 of 2018, as confirmed by the Division Bench of this Court in W.A.(MD).No.1143 of 2019, dated 05.11.2019.

Prayer in WP(MD). 24759 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus, directing the respondents to issue the order of selection/appointment to the petitioner (Registration No.100001061) in the post of Assistant Horticultural Officer for the year 2016-2017 in the Tamil Nadu Horticultural Subordinate Service, pursuant to his success in the selection process initiated under the selection notification No.10 of 2018 dated 25.5.2018, without rejecting his candidature on the ground that he had committed an inadvertant mistake in mentioning the date of birth as 30.04.1997 instead of 30.03.1997 in the application from, with all attendent and the consequential benefits. For petitioner :

Mr.N.Dilip Kumar For respondent :

Mr.D.Sivaraman

ORDER

The petitioner has come up with this contempt petition alleging that the respondent has not complied with the order of this Court, dated 07.01.2019 in W.P.(MD). No.24759 of 2018, which was subsequently confirmed by the Division Bench of this Court in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD) No.252 of 2020 W.A.(MD).No.1143 of 2019, vide judgment dated 05.11.2019. In the said order, this Court had directed the respondent herein to consider the petitioner for appointment, if there is vacancy, within a period of eight weeks.

2. Today, when the matter came up for hearing, the learned counsel appearing for the respondent submitted that as against the judgment in the writ appeal, a Special Leave Petition in S.L.P. (C).No.004888 of 2020 has been filed and the Hon'ble Supreme Court has granted an interim order of stay on 02.03.2020.

3. The learned counsel for the petitioner submitted that this contempt petition may be closed with liberty to the petitioner to revive the same.

4. Recording the above submission of the learned counsel for both sides, this Contempt Petition is closed with liberty to the petitioner to revive the petition if necessity arises. No costs. Sd/- Assistant Registrar(Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) gcg To 1.K.Nanthakumar, I.A.S., The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

+1 CC to M/s.D.SIVARAMAN, Advocate SR-10054[F] +1 CC to M/s.N.DILIP KUMAR, Advocate SR-10395[F] Cont.P.(MD) No.282 of 2020 in W.P.(MD).No.24759 of 2018 04.03.2020 ss(CO) TR(12.03.2020)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2