SHABIR HUSSAIN BABA vs HOME DEPARTMENT on 21 October 2026

1. Union Territory of Jammu & Kashmir, through its Chief Secretary, Civil Secretariat, Srinagar/Jammu.

2. Principal Secretary to Government, Home Department, Civil Secretariat, Jammu/Srinagar.

3. Director General of Police, Jammu & Kashmir, Police Headquarters, Jammu & Kashmir.

4. Inspector General of Police, Kashmir Zone, Srinagar.

5. Deputy Inspector General of Police, South Kashmir Range, Anantnag.

6. Senior Superintendent of Police, Srinagar.

7. Senior Superintendent of Police, Kulgam.

8. Senior Superintendent of Police, Anantnag. ..….Respondents By Advocate :- Mr. Rais Ud Din Ganaie, DAG

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O R D E R (ORAL) JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Learned counsel for the applicant submits that the applicant has been serving as a Special Police Officer (SPO) in the Jammu & Kashmir Police since 2017 and has discharged his assigned duties with dedication and commitment. The applicant initially served in District Srinagar and participated in anti-militancy operations. Subsequently, he was attached to District Kulgam by the Inspector General of Police, Kashmir Zone, vide order dated 07.02.2022 for operational duties.

02. It is further submitted that, while posted in District Kulgam, the applicant participated in the anti-militancy operation conducted at Korel Manzgam on 11.04.2022. His participation in the said operation is stated to be substantiated by the relevant daily diary extracts, the nominal roll of the personnel who participated in the operation on 11–12.04.2022, and the police communication dated 01.09.2025 confirming his participation. Copies of the relevant records have been

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annexed to the Original Application.

03. Learned counsel further submits that, in recognition of the applicant’s services and participation in the aforesaid operation, his case, along with those of other SPOs, was recommended for conversion as Constable. The citation in his favour was forwarded by the Senior Superintendent of Police, Kulgam, vide Letter No. CS/Korel Manzigam/2022/2085-86 dated 31.08.2022. The recommendation was thereafter endorsed by the Deputy Inspector General of Police, South Kashmir Range, and forwarded to the Additional Director General of Police/Zonal Police Headquarters, Kashmir, vide Letter No. CS/Rwd-442/Kgm/2022/8073-74 dated 15.09.2022. The applicant’s case was subsequently recommended by the Inspector General of Police, Kashmir Zone, and forwarded to Police Headquarters for necessary action.

04. It is the grievance of the applicant that, while his case was being processed at Police Headquarters, three other Special Police Officers, were converted as Constables and two

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police personnel were granted out-of-turn promotion, whereas the applicant was excluded from the final list without any justification or communication of reasons. The applicant submits that the aforesaid personnel have since joined as Constables, while no order regarding his conversion has been issued despite the recommendations made in his favour through the official channel.

05. Learned counsel further submits that the applicant continued to discharge his duties diligently and also participated in an anti-militancy operation at Halkhan Gali, Kokernag, District Anantnag, in 2024, wherein two terrorists were eliminated. It is stated that the applicant’s case was thereafter again recommended for conversion as Constable by the Senior Superintendent of Police, Anantnag; however, the said recommendation was also declined, and the reasons for such decision were not communicated to him.

06. It is further submitted that the applicant approached the Director General of Police, Jammu & Kashmir, by way of

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a detailed representation dated 18.03.2026, seeking reconsideration of his claim in view of his service record, participation in anti-militancy operations and the recommendations made in his favour. However, his grievance has not been redressed. The applicant has also placed on record a copy of the disability certificate dated 22.08.2023 pertaining to his sister, who is stated to be permanently disabled, and has pleaded that he belongs to a financially weak family and is the sole breadwinner supporting his aged parents and sister.

07. On the basis of the aforesaid facts, the applicant has challenged the action and inaction of the respondents as arbitrary and discriminatory, particularly in view of the benefit of conversion allegedly extended to other similarly situated SPOs. It is contended that the applicant’s case, supported by departmental recommendations and official records, requires fair and objective consideration in accordance with the applicable policy, rules and eligibility criteria. The applicant has, therefore, sought production of

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the complete departmental record relating to his recommendations and the decision taken at Police Headquarters, reconsideration of his claim for conversion as Constable, communication of the reasons for his exclusion from the final list and for declining his subsequent recommendation, and grant of appropriate consequential relief, if found entitled to the same under law.

08. However, after arguing the matter for some time, learned counsel for the applicant submits that the ends of justice would be adequately served if the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicant’s claim for conversion as Constable, in light of the recommendations made in his favour through the official channel, particularly Letter No. CS/Rwd-442/Kgm/2022/8073-74 dated 15.09.2022, the subsequent recommendation stated to have been made by the Senior Superintendent of Police, Anantnag, the

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relevant official record concerning his participation in anti-militancy operations, and the treatment accorded to similarly situated SPOs, along with the documents annexed to the Original Application, strictly in accordance with law.

09. Mr. Rais Ud Din Ganaie, learned Deputy Advocate General (DAG), appearing pursuant to the advance notice served by learned counsel for the applicant, submits that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.

10. Heard learned counsel for the parties and perused the record.

11. Having considered the submissions made at the Bar and the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer made on behalf of the applicant.

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12. Accordingly, without expressing any opinion on the merits of the controversy, the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicant’s claim for conversion as Constable, including his grievance regarding exclusion from the final list despite the recommendations stated to have been made in his favour, in the light of Letter No. CS/Rwd-442/Kgm/2022/8073-74 dated 15.09.2022, the subsequent recommendation stated to have been made by the Senior Superintendent of Police, Anantnag, the relevant official records and documents annexed to the Original Application, and the treatment, if any, accorded to similarly situated SPOs, if the applicant is found to be similarly situated and squarely covered by the applicable policy, and in accordance with the rules and law governing the field, subject to verification of his eligibility and entitlement and provided there is no legal impediment thereto.

13. The respondents shall pass a detailed, reasoned and

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speaking order within a period of eight weeks from the date a certified copy of this order is served upon them. The decision so taken shall be communicated to the applicant within a further period of one week thereafter.

14. It is made clear that this Tribunal has not expressed any opinion on the merits of the applicant’s claim, and all questions of fact and law are left open to be considered and decided by the competent authority in accordance with law.

15. With the aforesaid directions, the Original Application stands disposed of. Consequently, all connected miscellaneous applications, if any, shall also stand disposed of.

16. No order as to costs.

17. Registry shall consign the file to the Record Room after due compliance.

PRASANT KUMAR (JUSTICE RITU TAGORE) Member(Admn.) Member(Judl.)

21-10-2026 DEVENDRA TRIPATHI

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