Madras High Court
V.Vinayabharathi vs Https://Www.Mhc.Tn.Gov.In/Judis ( ... on 26 June, 2025
Author: Battu Devanand
Bench: Battu Devanand
CONT P Nos. 1162, 1184 and 1185 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-06-2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
CONT P Nos. 1162, 1184 and 1185 of 2025
V.Vinayabharathi,
D/o. Vikramathithyan,
No. 59/74, Ambedkar Nagar,
Sevilimedu,
Kancheepuram - 631 502. Petitioner(s) in Cont.P.1162 of 2025
S.Vinothkumar,
S/o.R.Selvakumar,
No.37 D Karpagam Avenue,
Velingaipattari,
Orikkai, Petitioner(s) in Cont.P.1184 of 2025
Kancheepuram 631 502
P.Agilan,
S/o.Late V. Pargunan,
No.75, Sappai Street,
Damal Village,
Kancheepuram 631 551 Petitioner(s) in Cont.P.1185 of 2025
Vs
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CONT P Nos. 1162, 1184 and 1185 of 2025
1. Mr. C.Samayamoorthy, I.A.S.,
Secretary,
Human Resources Management (U)
Department,
Formerly Personnel and Administrative
Reforms Department,
Secretariat, Fort St. George, Chennai-9,
State of Tamil Nadu.
2. Mr.S.Gopala Sundara Raj, I.A.S.,
Secretary,
The Tamil Nadu Public Service
Commission,
Frazer Bridge Road,
Chennai 3.
Contemnor(s) in all the
petitions
COMMON PRAYER
To punish the Respondents for their wilful and wanton disobedience to the
orders of this Hon'ble Court passed in WP.No.24351 of 2019, 24354 of 2019
and 24599 of 2019 dated 05.02.2021.
For Contemnor(s): M/s.G.Sridevi
For Respondents:
for R1 Mr.P.Kumaresan,
assisted by Mrs.Anitha
for R2 Mrs.G.Hema
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CONT P Nos. 1162, 1184 and 1185 of 2025
COMMON ORDER
These contempt petitions have been filed complaining wilful
disobedience of the order dated 05.02.2021 in WP.No.24351 of 2019, 24354 of
2019 and 24599 of 2019.
2. While allowing the said Writ Petitions by quashing the impugned order
therein, this Court directed the respondents to pass appropriate orders afresh on
the basis of the observations made in the said order by revisiting the
appointment of the petitioners. The respondents are directed to pass appropriate
orders after due examination and appreciation of the case of the petitioners,
within a period of six weeks. While issuing such directions, this Court made it
clear that in case the petitioners are found to be satisfying the Rule position,
their appointments to the Secretariat Service in the respective Departments must
be restored with all consequential and attendant benefits.
3. It is brought to the notice of the Court that against the order dated
05.02.202 of the learned Single Judge, the Tamil Nadu Public Service
Commission had preferred Writ Appeal in W.A.No.1405 of 2021 etc. batch of
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CONT P Nos. 1162, 1184 and 1185 of 2025
cases. The said Writ Appeal was disposed of by judgment dated 07.06.2024
confirming the order of the learned Single Judge. Thereafter, the first
respondent issued order in G.O.(D).No.178, Human Resources Management
(U2) Department, dated 02.12.2024, wherein its is informed that the request of
the petitioners cannot be granted and the said order is communicated to the
petitioners. Complaining that the order dated 02.12.2024 passed by the first
respondent is contrary to the order passed by the Writ Court, the present
Contempt Petitions have been filed.
4. On behalf of the respondents counter affidavits have been filed. Basing
on the counter affidavits, the learned counsel appearing for the respondent No.1
submits that by issuing G.O.(D).No.178, dated 02.12.2024, the first respondent
complied with the order of the Court. The learned counsel further submits that
if the petitioners have any grievance against the decision of the Government,
they can challenge the same by filing appropriate applications.
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CONT P Nos. 1162, 1184 and 1185 of 2025
5. Having heard the submissions of the respective counsels and upon
careful perusal of the materials available on record, it appears that in the writ
order the respondents were directed to pass fresh orders if the petitioners are
found to be satisfying the Rule position for their appointment to the Secretariat
Service. But the stand of the Government is that only Junior
Assistants/Assistants working in the Tamil Nadu Ministerial Service/Tamil
Nadu Judicial Ministerial Service can apply to the post of Assistant in
Secretariat Service for appointment and the Tamil Nadu Municipal General
Service Rules, 1970 have neither been classified under the State Service nor
under the Subordinate Service. Therefore, the Junior Assistant post of Municipal
General Service will not fall under the Tamil Nadu Ministerial Service. As such,
the order passed by the first respondent in not considering the request of the
petitioners, is in terms of the writ order. If the petitioners are having any
grievance about the said order, it is open to them to challenge the same before
appropriate Forum if so advised.
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CONT P Nos. 1162, 1184 and 1185 of 2025
6. With the above observations, this Court is of the considered view that
there is no contempt on the part of the respondents. Accordingly, these
Contempt Petitions are closed.
26-06-2025
pvs
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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CONT P Nos. 1162, 1184 and 1185 of 2025
BATTU DEVANAND J.
pvs
CONT P Nos. 1162, 1184 and
1185 of 2025
26-06-2025
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