Cont.P.Nos.593 & 594 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 05.01.2023

PRONOUNCED ON: 28.02.2023

CORAM

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN

AND

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

Cont.P.Nos.593 & 594 of 2019

Cont.P.No.593 of 2019

K.Madalaimuthu

.. Petitioner

Vs.

1. Dr.P.Senthilkumar, I.A.S.,

Principal Secretary to

Government of Tamil Nadu (FAC)

Public (Special.A) Department,

Secretariat, Fort St. George,

Chennai – 600 009.

2. Dr.Girija Vaidyanathan, I.A.S.,

Chief Secretary to Government of Tamil Nadu,

Secretariat, Fort St. George,

Chennai – 600 009.

.. Respondents

Cont.P.No.594 of 2019

K.Madalaimuthu

.. Petitioner

Vs.

1. Shri R.K.Gupta, I.A.S.,

Secretary,

Union Public Service Commission,

Dholpur House, Shahjahan Road,

New Delhi – 110 011.

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Cont.P.Nos.593 & 594 of 2019

2. Shri Kumar Vaibhav Gaur,

Joint Secretary and

The Selection Committee for Selection of IAS,

UPSC, Dholpur House, Shahjahan Road,

New Delhi – 110 011.

.. Respondents

Common Prayer: Contempt Petitions filed under Section 11 of Contempt of

Courts Act, to punish the respondent for committing Contempt of Court by

their deliberate failure to comply with the directions of this Court vide

common order dated 07.11.2017 made in WP Nos.17447 and 16433 of 2017

dated 07.11.2017.

For Petitioner

:

Mr.N.L.Rajah, Sr. Counsel

in both Cont.Ps.

for Dr.P.S.Vijayakumar

For Respondents

in Cont.P.No.593/19 :

Mr.V.Arun, AAG,

Assisted by Mr.T.Arunkumar, AGP

in Cont.P.No.594/19 :

Mr.R.Priyakumar

Standing Counsel for UPSC

C O M M O N O R D E R

RMT.TEEKAA RAMAN, J.

The petitioner in WP Nos.17447 and 16433 of 2017 has filed the

above two contempt petitions wherein, Cont.P.No.593 of 2019, is against the

Chief Secretary and Principal Secretary (Public) Department, Government of

Tamil Nadu, while Cont.P.No.594 of 2019, is against Secretary-UPSC and

Joint Secretary-UPSC, alleging, non compliance of directions issued by the

Division Bench of this Court in WP Nos.17447 and 16433 of 2017. The

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Cont.P.Nos.593 & 594 of 2019

above contempt petitions have been placed before us, as one of us is party, to

the order in the above said common order dated 07.11.2017. The operative

portion of the said order runs as under:

“16.In fine, as already observed, ends of justice would be met only if

the ACRs of the first respondent other than those written by his Juniors and

to be decided by the UPSC alone has to be taken into consideration, for

consideration of the first respondent for appointment to Indian

Administrative Service. If the recommendations made by the Committee to

be considered by the UPSC and the first respondent is found eligible to be

conferred with IAS, he be conferred with IAS. Since he has already retired

on attaining the age of superannuation, he would be entitled for the

retirement benefits as that of the IAS Officer. Thus, the authorities

concerned are directed to carry out the exercise as directed by the UPSC for

consideration of the first respondent to Indian Administrative Service,

within a period of three months from the date of receipt of a copy of this

order, if he is found eligible.”

2. The learned Senior Advocate Mr.N.L.Rajah, appearing on behalf of

the petitioner could contend that no fresh interview or personal viva-voce was

conducted by the Review Selection Committee and in respect of ACR, it was

not property evaluated and re-assessed in tune with the order passed in the

above stated writ petitions.

3. The learned Additional Advocate General appearing for the Chief

Secretary and Secretary to Government of Tamilnadu, by relying upon the

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Cont.P.Nos.593 & 594 of 2019

counter affidavit submitted that there is no violation or deviation in the action

taken on behalf of the Government of Tamil Nadu and prayed for closure of

the Cont.P.No.59