THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1508 of 2009 Date: 08th June, 2010 Between: V.V.Subbaiah …Petitioner and 1. Sri S.S.P.Yadav, IPS, Managing Director, APSRTC, Musheerabad, Hyderabad-20 and Anr. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1508 of 2009 JUDGMENT: This contempt case has been filed by the petitioner against the respondents complaining disobedience of the order dated 03.02.2009 passed in WPMP No.2083 of 2009 in W.P.No.1651 of 2009. 2. Notice before admission came to be ordered on 03.11.2009. The respondents entered appearance through their Standing Counsel and filed counter-affidavit. 3. G.Prabhudevaiah, Works Manager, APSRTC, Zonal Workshop, Kadapa, has sworn to the counter-affidavit filed on behalf of the respondents. It is stated in the counter-affidavit that the case of the petitioner has been considered for promotion to the post of Electrician (DC) pursuant to the interim order passed by this Court in WPMP No.2083 of 2009 in WP No.1651 of 2009 and he is not selected since seniors to him, numbering four, are found to be fit. Para.3 of the counter-affidavit needs to be noted and it is thus: “It is submitted that the writ petitioner, who is working as Shramik in the Zonal Workshop, Kadapa filed WP No.1651/2009 before this Hon’ble Court seeking a direction to the Respondent/Corporation “to consider the case of the writ petitioner for promotion to the post of Electrician (DC) before considering the cases of other candidates who were being called for Trade Test on 08.02.2009”. It is pertinent to state here that the Personal Officer-III, Hyderabad has communicated permission of the Competent Authority to fill 4 vacancies of Electrician (DC) in Zonal Workshop of Kadapa Region as per the provisions of the Recruitment Regulations and accordingly on 25.07.2008 applications were called for from the eligible candidates to fill up the vacancies of Electrician (DC). It is submitted that in total 23 candidates have applied for the Trade Test and the Trade Test was conducted on 08.02.2009 and out of which only 9 candidates have passed the Trade Test. It is submitted that while the case is under process to fill up the vacancies from the eligible candidates the petitioner approached this Hon’ble Court and this Hon’ble Court in WPMP No.2083/2009 in WPNo.1651/2009 filed by the petitioner directed the Respondents/Corporation to consider the case of the petitioner for vacancies arising before 12.10.2009 without subjecting the petitioner to further Trade Test. In pursuance of the direction given by this Hon’ble Court in the above writ petition the names of the following 2 candidates who have earlier passed the Trade Test were also considered for promotion to the post of Electrician (DC) along with the other 9 candidates who have passed the Trade Test conducted on 08.02.2009 during the selections held on 27.05.2009 i.e 1. Sri M.V.Seshaiah, E.404097, Shramik (Sl.No.302 of Seniority list of Shramik). 2. Sri V.V.Subbaiah, E.406884, Shramik (Sl.No.428 of Seniority list ofShramik).” 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. 5. Learned counsel appearing for the petitioner submits that the petitioner cleared the Trade Test in 1999 and therefore, he would have been preferred to the candidates, who have cleared the tests subsequent to him. 6. Learned Standing Counsel appearing for the respondents submits that as on the date of effecting promotions to the post of Electrician (DC), 11 candidates are fully qualified and all of them appeared for selection and out of them, 4 came to be selected. A further submission has been made that the petitioner is junior to all the four selected persons and therefore, he cannot have any grievance. 7. Indisputably, the case of the petitioner for the post of Electrician (DC) has been considered without subjecting him to trade test as per the direction given by this Court in WPMP No.2083 of 2009. All the persons, who are selected to the post of Electrician (DC), are seniors to the petitioner. The selection is made by a Selection Committee, which met on 25.07.2009. The Selection Committee perused the guide sheets and personnel records of all the 11 candidates and selected only 4 candidates out of the 11 candidates. The names of the selected candidates have been stated in para.6 of the counter-affidavit. All the 4 selected candidates are seniors to the petitioner. Such is the situation the contention of the petitioner that the interim order passed by this Court in WPMP No.2083 of 2009 has not given effect is not sustainable. 8. Accordingly, the Contempt Case is dismissed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:08th June, 2010. CS THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1508 of 2009 Date: 08th June, 2010