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Madras High CourtCONT P(MD)/1790/2025disposed of

Paramanantham v. S.Gopala Sundara Raj Ias

2025-07-09Honourable Mr.Justice Shamim Ahmed7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.10797 of 2017 Paramanantham, S/o.Samuthiram, 90, Bharathi Street, Fathima Nagar, Nanjikottai Road, Thanjavur.

Petitioner/Petitioner Vs Mr.S.Gopala Sundara Raj, I.A.S., Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Chennai - 600 003.

Contemnor/9th Respondent PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnor/9th Respondent for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.10797 of 2017, dated 29.04.2019.

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For Petitioner : Mr.I.Robert Chandra Kumar For Respondent : Mr.V.Panneer Selvam Standing Counsel

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondent for alleged violation of the order, dated 29.04.2019 passed by the Writ Court in W.P.(MD)No.10797 of 2017.

2. Heard Mr.I.Robert Chandra Kumar, learned counsel appearing for the Petitioner and Mr.V.Panneer Selvam, learned Standing Counsel, who accepts notice on behalf of the Respondent. Therefore, no further notice is required to be issued to the Respondent.

3. The Contempt Petition has been filed for non compliance of the judgment and order passed by the Writ Court in W.P.(MD)No.10797 of 2017 dated 29.04.2019 and the learned Single Judge of the Writ Court disposed of the said Writ Petition in the following terms: "21.Considering the facts and circumstances of the case and also having regard to the dictum 2/7

laid down by this Court in the cases cited supra, this Court is of the view that the TNPSC should follow Rule 15-A and publish the reserve list and fill up such vacancies from the names of the reserve list, in which event, there is every possibility for the candidates, like that of the petitioner herein, to get employment.

22. Thus, taking note of the hurdles faced by the petitioner in the recruitment process and having regard to the fact that since he is reaching the maximum age, his chance of getting job would be bleak, this Court deems it fit to issue appropriate directions to the ninth respondent.

23. Accordingly, the Writ Petition is disposed of with the following directions:- ● The Tamil Nadu Public Service Commission/R-9 is directed to consider the candidature of the petitioner against the existing vacancies and issue appointment order, if he comes well within the vacancy limit, pursuant to the notifications dated 06.02.2014 and 16.04.2014.

● It is made clear that the TNPSC, before publication of the next notification, should publish the reserve list, as mandated under 3/7

Rule 15-A and all the vacancies as per the earlier notification should be filled up.

● It is also made clear that if the present mode continues and if any deviation is found in future, it will be viewed very seriously.

● In view of the order passed above, W.M.P.

(MD)Nos.7802/2018 and 2052/2019, which were filed to delete the name of the sixth respondent and second respondent herein respectively from the array of respondents, are closed. No costs. Consequently, connected W.M.P.(MD)Nos.8217 and 8218/2017 are also closed. "

4. Today, when the matter was taken up, Mr.V.Panneer Selvam, learned Standing Counsel for the Respondent, produced an order dated 08.07.2025 passed by the Tamil Nadu Public Service Commission and submits that the Respondents have complied with the judgment and order of the Writ Court dated 29.04.2019 passed in W.P.(MD)No.10797 of 2017. A copy of the said order has been taken on record and the same has been furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondent may be discharged from the contempt proceedings. 4/7

5. Mr.I.Robert Chandra Kumar, learned counsel for the Petitioner submits that he has received a copy of the order dated 08.07.2025 and submits that the Respondents have complied with the judgment and order of the Writ Court dated 29.04.2019 passed in W.P.(MD)No.10797 of 2017. The learned counsel states that he has no objection to the Respondent being discharged from the contempt proceedings.

6. Considering the submissions made by the learned counsel for the Petitioner and the learned Standing Counsel for the Respondent, and upon perusal of the order dated 08.07.2025, passed by the Tamil Nadu Public Service Commission, this Court is satisfied that the Respondent has fully complied with the judgment and order of the Writ Court dated 29.04.2019 passed in W.P.(MD)No.10797 of 2017. In view of the same, this Court deems it appropriate that no useful purpose would be served by keeping the contempt proceedings pending. Therefore, the Respondent is discharged from the contempt proceedings.

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7. In view of the above, the Contempt Petition is disposed of. The file shall be consigned to record. There shall be no order as to costs. 09.07.2025 Nsr Index:Yes/No Web:Yes/No Speaking/Non Speaking To:

The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Chennai - 600 003 6/7

SHAMIM AHMED , J.

Nsr 09.07.2025 7/7