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2025 DAILYLAW 161189 (MAD)

K.Murugan v. S.Gopala Sundararaj IAS

CONT P(MD)/2526/2024 · 2025-03-20

Battu Devanand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Cont. P(MD)No.2526 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025 CORAM THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont. P(MD)No.2526 of 2024 in W.P(MD)No.16485 of 2024 K.Murugan ... Petitioner Vs. S.Gopala Sundararaj, I.A.S., The Secretary, TNPSC, TNPSC Road, Broadway, Chennai-600 003. ... Respondent Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to issue a notice of contempt to the respondent for not obeying the orders of this Court passed in W.P(MD)No.16485 of 2024, dated 24.07.2024 before this Court and punish the respondent in accordance with law. For Petitioner : Mr.V.Thirumal For Respondent : Mr.P.Wilson, Senior Counsel for Mr.V.Paneer Selvam 1/6 https://www.mhc.tn.gov.in/judis Cont. P(MD)No.2526 of 2024 ORDER This contempt petition has been filed complaining willful disobedience of the respondent in implementing the order dated 24.07.2024 passed by this Court in W.P.(MD).No.16485 of 2024. 2. While disposing the said writ petition, this Court directed the respondents therein to consider the petitioner's claim for appointment to the post of Grade-IIA post under ex-service man category in pursuant to the Notification No.3 of 2022 dated 23.02.2022, on the basis of merit and allow him to participate in further selection process. 3. The learned Counsel for the petitioner submits that the direction of this Court has not complied with by the respondents. Accordingly, they willfully disobeyed the order of this Court and as such they are liable for punishment under the provisions of the Contempt of Court Act. 2/6 https://www.mhc.tn.gov.in/judis Cont. P(MD)No.2526 of 2024 4. On behalf of the respondent, a reply affidavit has been filed. Basing on the averments in the said affidavit, Mr.P.Wilson, the learned Senior Counsel would submit that the petitioner claim has been considered by the respondents basing on his merit. But, the petitioner has not reached the zone of consideration, even under the Ex-Servicemen category. 5. The learned Senior counsel appearing for the respondent further submits that the petitioner has not reached the zone of consideration to the post included in the Combined Civil Services Examination (Group-IIA) Services (Non-interview post) for General turn and Communal Reservation Vacancy also. 6. On consideration of the facts and circumstnaces of the case and upon hearing the submissions made by the learned Counsels appearing on either side as the petitiner has not reached the zone of consideration, after considering the claim on merit, in our considered opinion that there is no willful disobedience on the part of the respondent in implementing the orders of this Court. 3/6 https://www.mhc.tn.gov.in/judis Cont. P(MD)No.2526 of 2024 7. Accordingly, this contempt petition stands dismissed. 20.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes gvn 4/6 https://www.mhc.tn.gov.in/judis Cont. P(MD)No.2526 of 2024 To The Secretary, TNPSC, TNPSC Road, Broadway, Chennai-600 003. 5/6 https://www.mhc.tn.gov.in/judis Cont. P(MD)No.2526 of 2024 BATTU DEVANAND, J. gvn Cont. P(MD)No.2526 of 2024 20.03.2025 6/6 https://www.mhc.tn.gov.in/judis