Sheetal Prashad vs D/o Civil Secretariat, J& K on 31 December 2024

O R D E R

Per Hon’ble Mr. Rajinder S Dogra, Member (J) The brief fact of the case is that the applicant was posted as Selection Grade Constable in 13th Bn. JKAP and in May 1997 he was granted out of turn promotion from Selection Grade Constable to Head Constable. Subsequently his name was recommended by SSP & DIG Range Baramulla to the IGP

Kashmir Zone for second out of turn promotion on the basis of outstanding performance of the applicant in major operations undertaken by SOG-Baramulla. Two similarly situated Selection Grade Constables namely Bashir Ahmed and Surinder Singh were given two out of turn promotions and now they are Asst. Sub Inspectors. The applicant was not granted second out of turn promotion and he filed SWP No. 2609 of 2002 before the Hon’ble High Court which was decided vide common judgment dated 23.12.2004. As per the direction of the Hon’ble High Court the case of the applicant was to be examined within a period of six months, but the same was not considered. The applicant filed a contempt petition in COA No. 96 of 2006. In the compliance report the respondents have rejected the case of the applicant vide order dated 30.6.2005. The applicant has challenged the said order dated 30.6.2005 in the present TA. He has sought for the following relief : i) To quash the order No. 1842 of 2005 dated 20.6.2005 passed by respondent No.2 qua the applicant Sheetal Prashad, whereby the case of the applicant for second out of turn promotion from Head Constable to the post of ASI has been rejected; ii) To issue a writ of mandamus directing the respondents to grant the applicant the benefit of 2nd out of turn promotion from the post of HC to the post of ASI in police department along with all pecuniary benefits as well s all other benefits attached to the service of applicant. iii) To issue any other writ direction or mandate as this Hon’ble Court deems fit and proper in the circumstances of the case. iv) To produce the record of 2nd or more out of turn promotions qua the applicant and all other beneficiaries w.e.f. 1997 till passing of the order impugned, as the applicant has no access to the same.

The cost of the application may also be awarded to the applicant.

2. The respondents have filed their counter stating therein that the applicant is not entitled to second out of turn promotion under the rules. The applicant’s claim for second out of turn promotion on the basis of parity and equality with Bashir Ahmed is misconceived. It is submitted that Bashir Ahmed was granted out of turn promotion for his continuous exemplary role in anti-militancy operations for which Bashir Ahmed was granted second out of turn prometon. It is also submitted that out of turn promotions are always considered after adjudging performance of the incumbents on anti-militancy front on case to case basis. The applicant cannot claim second out of turn prometon by quoting another’s case on the basis of similar analogy as the applicant’s contribution was not equal as that of Bashir Ahmed. However, the applicant for his contribution in anti-militancy operations has been granted one out of turn promotion. It is further submitted that in pursuance to the directions of Hon’ble High Court in the judgment dated 23.12.2004, a Committee was constituted vide PHQ order No. 1462 of 2005 dated 12.5.2005. The case of the applicant was placed before the said committee who scrutinized and examined the case of the applicant for out of turn prometon on operational grounds. The committee found that the applicant’s claim is devoid of merit and as such rejected his case vide order dated 20.6.2005. The respondents have submitted that the applicant is therefore not entitled to any relief claimed by him in the present TA. They have prayed for dismissal of the present TA.

3. Heard learned counsel for both the parties and perused the materials available on record.

4. From the daily order sheets it is revealed that the respondents were given several opportunities to produce the official records relating to the case of the applicant vis-à-vis Bashir Ahmed which are necessary for disposal of the present TA. But the same were not produced by the respondents despite repeated opportunities. Hence we are of the view that probably the respondents have taken a pick and choose policy for grant of second out of turn promotion and thus the applicant was deprived of the same. Therefore the order dated 20.6.2005 qua the applicant whereby the case of the applicant for second out of turn promotion from Head Constable to the post of ASI had been rejected is hereby quashed. The respondents are directed to grant the applicant the second out of turn promotion from the post of Head Constable to the post of ASI in Police Department along with all consequential benefits. The entire exercise be completed within three months from the date of receipt of the copy of this order.

5. Accordingly the TA is allowed. There shall be no order as to costs.

(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)

MEMBER (A) MEMBER (J)

Indrani/PPS