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Madras High CourtCONT P(MD)/1298/2021dismissed

M.Sivashanmuga Prakasam, v. Gopal I.A.S.,

2023-01-23Honourable Dr Justice G. Jayachandran,Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.01.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT.P(MD)NO.1298 OF 2021 IN W.A(MD)No.1089 of 2017 in W.P(MD)NO.7718 OF 2013 M.Sivashanmuga Prakasam :Petitioner/Petitioner .vs.

1.Gopal, I.A.S., Secretary to Government, Rural Development and Panchayatraj Department, Secretariat, Chennai.

2.Uma Maheswari, Secretary, Tamil Nadu Public Service Commission, Chennai.

:Respondents/Contemnors PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act praying this Court to punish the respondent for wilful disobedience of the order passed by this Court made in W.A(MD)No. 1089 of 2017 in W.P(MD)No.7718 of 2013, dated 23.08.2017. For Petitioner :Mr.P.Ganapathi Subramanian 1/4

For Respondent-1 :Mr.Veerakathiravan Addl.Advocate General assisted by Mr.D.Sasikumar, Additional Govt.Pleader For Respondent-2 :Mr.J.Anandkumar

O R D E R

******** DR.G.JAYACHANDRAN, J.

G.R.SWAMINATHAN,J.

Heard the learned counsel appearing for the Petitioner,the learned Additional Advocate General appearing for the first respondent/Contemnor and the learned counsel appearing for the second respondent/Contemnor.

2.The Panchayat Assistant is to be promoted as Junior Assistant, for which, service rules provides for 10% reservation. However, the Petitioner herein, who is entitled to be promoted as Junior Assistant with the concurrence of the Tamil Nadu Public Service Commission, has got superannuated much before his seniors and juniors got promoted as Junior Assistants and therefore, the order of the Division Bench of this Court could not be implemented. This Court finds reason for non-compliance of the 2/4

order of the Division Bench of this Court.

3.Therefore, the Contempt Petition is dismissed. No costs. [G.J.,J.] [G.R.S.,J.] 23.01.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.Gopal, I.A.S., Secretary to Government, Rural Development and Panchayatraj Department, Secretariat, Chennai.

2.Uma Maheswari, Secretary, Tamil Nadu Public Service Commission, Chennai.

3/4

DR.G.JAYACHANDRAN, J.

G.R.SWAMINATHAN,J.

vsn 0RDER MADE IN CONT.P(MD)NO.1298 OF 2021 IN W.A(MD)No.1089 of 2017 in W.P(MD)NO.7718 OF 2013 23.01.2023 4/4