THE HON’BLE SRI JUSTICE C.V.RAMULU CONTEMPT CASE No.1252 of 2010 ORDER: This contempt case is filed complaining willful disobedience on the part of the respondent herein in complying with the order dated 14.07.2010 passed by this Court in W.P.M.P.No.21088 of 2010 in W.P.No.16735 of 2010, whereunder the respondent herein as well as the other respondents therein were directed to consider the case of the petitioner, who has been declared as Shape-II, for promotion, as was done in the case of one Sri S.H.V. Reddy of CISF Unit, VSSC Thumba, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of the order. There is no necessity of going into all the details. It is suffice to notice that pursuant to the aforesaid orders, the respondent authorities have issued orders dated 03.08.2010, wherein at paragraphs 2 and 3 it is stated as under: “As per instructions issued in the CISF Circular No.29/2005 dated 23.08.2005 at para 14 (b) the petitioner do not come under the medical categorization as mentioned below:- (i) S1H1A2P1E1 (ii) S1H1A1P2E1 (iii) S1H2A1P1E1 (iv) S1H1A1P1E2 (v) S1H2A1P1E2 The petitioner is affected in the Zone of consideration during the year 2010 being his PSL No.49359 and has been declared as ‘Not Eligible’ for promotion by the Board of DPC as he is categorized as S1H1A1P4E1. Persons with this categorization are not eligible for promotion to the next higher rank, as clarified vide circular mentioned above.” From a perusal of the order dated 03.08.2010 passed by the respondent authorities, it is evident that since the petitioner was categorized as S1H1A1P4E1 (Shape-IV) and does not come under the medical categorization mentioned in CISF Circular No.29/2005 dated 23.08.2005, he was declared as not entitled for promotion. However, the learned counsel for the petitioner submits that in the counter affidavit filed in W.P.No.11225 of 2010, which was filed by the petitioner questioning his transfer, the respondent authorities have stated that the petitioner comes under the category of Shape-II, but in the case on hand, the case of the petitioner was recommended showing him under the category of S1H1AP4E1 (Shape-IV). The said aspect cannot be gone into by this Court in a contempt case like this. Since the case of the petitioner was considered and a detailed order was passed declaring him as not entitled for promotion, it cannot be said that the respondent authorities have disobeyed the orders of this Court. Thus, nothing survives in this contempt case for adjudication and the contempt case is liable to be closed. Accordingly, the contempt case is closed. However, this will not preclude the petitioner from working out the remedies available to him as per law. _____________ C.V.RAMULU,J 19.10.2010 v v