K. Vijay Kumar, v. M. T. Krishna Babu,

Date : 23.6.2017 Between :

K Vijay Kumar S/o K Ramulu R/o D No. 31-36-295 Rajeev Nagar, Visakapatnam Petitioner And M T Krishna Babu Chairman The Visakapatnam Port Trust, Visakapatnam and others Respondents The Court made the following:

ORAL ORDER:

This Court passed the following interim order in WPMP No. 40375 of 2015 in W P No. 31228 of 2015 dated 5.11.2015.

"There shall be interim direction to the respondents to consider the case of the petitioner for promotion to the post of 'Charge Hand' in any existing vacancies, subject to his eligibility and seniority. Notice." In response to the interim order passed by this Court, competent authority vide proceedings dated 30.1.2016 informed the petitioner that there is no vacancy in the post of 'Charge Hand (Carpenter)' and petitioner is ineligible for grant of promotion.

There was no direction to grant promotion irrespective of availability of vacancy and suitability of the petitioner. When respondent assessed and informed petitioner that he was not suitable for promotion and that there is no vacancy, it cannot be said that by saying so, respondents have committed contempt of the orders of this Court. It is not the case of the petitioner that though there was vacancy and though he was eligible, rejection was made illegally. Accordingly contempt case is closed. No costs. ______________ P NAVEEN RAO,J DATE: 23.6.2017 TVK

Date : 23.6.2017