R.Arul Kumari v. K.Nandakumar, Ias

Cont.P.(MD)No.263 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Cont.P.(MD)No.263 of 2020 R.Arul Kumari ... Petitioner/Petitioner versus

1. Mr.K.Nanthakumar, I.A.S., Secretary, Tamil Nadu Public Service Commission, Chennai - 600 002.

2. Dr.A.Edwin Joe, MD, Director of Medical Education, Kilpauk, Chennai - 10.

3. Dr.B.Thiruvasagamani, MS., M.Ch., Dean, The Thoothukudi Medical College, Thoothukudi District.

...Contemnors/Respondents Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the contemnors/respondents for wanton and willful disobedience of the order passed by this Court in W.P.(MD) No.8526 of 2014 dated 08.01.2019.

Prayer in WP(MD). 8526 of 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari or any other appropriate writ, order or direction in the nature of writ calling for the records of the 1st Respondent relating to his Memorandum No. 1971/PSD B5/2013 Dated 3.5.2014 and quash the same as illegal.

For Petitioner : Mr.G.Thalaimutharasu for Mr.A.S.Vaigunth For Respondents : Mr.D.Sivaraman, Standing Counsel for R1 Mr.M.Muthugeethaiyan, Special Government Pleader for R2 and R3

ORDER

The petitioner herein and one T.Kanaka Retnam filed writ petitions in W.P.(MD)Nos.8526 and 8527 of 2014, challenging the impugned orders passed by the first respondent, cancelling the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.263 of 2020 provisional selection of the petitioners for the post of Steno Typist Grade-III in the TNMS for the year 2007-2008, wherein, this Court, vide order dated 08.01.2019, directed as follows: "26. Therefore, ends of justice will be met if the respective petitioners' appointment is regularized along with and from the date when candidates possessing similar qualification were appointed. If candidates possessing similar and lesser appointment, respective petitioners' appointment shall be regularized from the initial date of appointment overlooking the mistake in the application. Respondents shall carry out the above exercise within a period of 6 weeks from the date of receipt of a copy of this order."

In compliance with the said order, the respondents have not passed any order till date. Hence, the petitioner has filed the present contempt petition.

2. Today, when the matter is taken up for consideration, the learned Standing Counsel appearing for the first respondent submitted that the similarly placed persons are not at all recruited, therefore, the claim of the petitioner cannot be considered.

3. In view of the above, the contempt petition is closed. Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy To

1. The Secretary, Tamil Nadu Public Service Commission, Chennai - 600 002.

2. The Director of Medical Education, Kilpauk, Chennai - 10.

3. The Dean, The Thoothukudi Medical College, Thoothukudi District.

+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-5013[F] dated 15/02/2021 ) +1 CC to M/s.GP ( SR-5107[F] dated 15/02/2021 ) Cont.P.(MD)No.263 of 2020 12.02.2021 na(CO) TR(01.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2