IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY WRIT PETITION NO : 20192 of 1993 Between: K. Diwakar S/o late Appala Swamy D.C. Dept., Port Fire Service Section, Visakhapatnam Port Trust, Visakhapatnam ..... PETITIONER AND 1 The Chairman, Visakhapatnam Port Trust, Visakhapatnam 2 Deputy Conservator, Visakhapatnam Port Trust, Visakhapatnam 3 The Manager, (Operation) Visakhapatnam Port Trust, Visakhapatnam .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or direction, particularly one in the nature of mandamus, directing the respondents not to consider the candidates who applied and were selected for the vacancy of A.Suryanarayana under the earlier notification No.5/93 dt: 30-3-93 in the vacancy of Fire and Asst. Safety Officer, Class II that arose subsequently on 18- 10-93 (due to the retirement of A. Venkat Rao on medical grounds) and consequently direct the respondents to fill up the vacancy by adhoc promotion from among the 'Inservice qualified Candidates'. Counsel for the Petitioner:MR.J.VENUGOPAL RAO Counsel for the Respondents : MR.K.SRINIVASAMURTHY The Court made the following : O R D E R: This Writ Petition is filed seeking Writ of Mandamus directing the respondents not to consider the candidates who applied and were selected for the vacancy of A.Suryanarayana under the earlier notification No.5/93, dated 30-03-1993 in the vacancy of Fire and Assistant Safety Officer, Class-II, that arose subsequently on 18- 01-1993 (due to retirement of A.Venkata Rao on medical grounds) and consequently to direct the respondents to fill the vacancy by adhoc promotion from among the ‘inservice qualified candidates’. 2. I am afraid that the very relief sought for is most inappropriate and misconceived. 3. At this distance of time, it will not be appropriate to adjudicate the matter on merits. Under these circumstances, the Writ Petition is closed. However, it is open for the petitioner to make a representation if his grievance is still subsists with regard to his promotion. ________________ G.BIKSHAPATHY, J Dated: 30-09-2004 Prv/bsb To 1 The Chairman, Visakhapatnam Port Trust, Visakhapatnam. 2 Deputy Conservator, Visakhapatnam Port Trust, Visakhapatnam. 3 The Manager, (Operation) Visakhapatnam Port Trust, Visakhapatnam. 4 2CD copies.