Central Administrative Tribunal
Mohammad Amin Khanday vs D/o Home Ut Of Jammu & Kashmir on 30 December 2020
:: 1 ::
T.A. No. 62/9349/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
Hearing through video conferencing
T.A. No. 62/9349/2020
This the 30th day of December, 2020
HON’BLE MR. RAKESH SAGAR JAIN, MEMBER (J)
Mohammad Amin Khanday,
Aged 57 years
S/o Abdul Gani Khanday,
R/o Nowpora Suroo Anantnag, Kashmir.
........................Applicant
(Advocate: Mr. G.N. Shaheen)
Versus
1.
State of Jammu & Kashmir Through Principal Secretary to Govt., Home Department, Civil Secretariat, Srinagar.
2.
Principal Secretary to Hon’ble Chief Minister, Civil Secretariat Srinagar.
3.
Principal Secretary to Govt.
General Administration Department,
Civil Secretariat Srinagar.
4.
Director General of Police
Jammu and Kashmir State.
General Police Headquarters Srinagar
5.
Inspector General of Police,
Range Kashmir,
:: 2 ::
General Police Head Quarters Srinagar.
6.
Deputy Inspector General of Police,
SRK Range Anantnag.
7.
Senior Superintendent of Police,
Anantnag Kashmir.
( ...1 to 7 Contesting Respondents)
8.
Peerzada Mohammad Ishaq Shah Belt No.5339/NGO, S/o Ghulam Qadir Shah, R/o SK Colony Anantnag Kashmir.
( ...Proforma Respondent)
...................Respondents
(Advocate: Mr. Rajesh Thappa)
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
[O R A L]
HON’BLE MR. RAKESH SAGAR JAIN, MEMBER (J)
Learned counsel for the applicant submits that the applicant was appointed as Constable in the Police Department in the year 1979 and was promoted from time to time to the post of Head Constable and right from that period his services were utilized for anti-militancy operations. It is stated that two encounters took place on 21.03.2000, in which he gunned down terrorists. The Government extended the benefits of ‘out of turn promotion’ to sixteen of his counterparts vide orders dated (NIL) annexed at Annexure B to this petition. He further contends that though the applicant too was a part of the team which was involved in the encounter, he has been
:: 3 ::
denied the benefit of out of turn promotions. With this background, the applicant seeks a direction to the respondents to consider his case for extending the benefits such as citations, awards and out of turn promotion.
2. We have heard Mr. G.N. Shaheen, learned counsel for the applicant and Mr. Rajesh Thappa, learned Deputy Advocate General.
3. It is a matter of record, that encounters took place on 21.03.2000. The Government extended the benefit of out of turn promotions to sixteen officials vide Annexure B. The question as to whether the applicant was part of the team, and if so the role played by him, needs to be examined by the respondents. We cannot express any definite view in this behalf. In case the applicant has actually participated and played the role as did others, mentioned in the proceedings, dated 21.03.2000, he too would be entitled to such benefit. If on the other hand his participation was not that critical or important, the benefit need not be extended. A reasoned order needs to be passed in this behalf.
4. We, therefore, dispose of the TA directing the second respondent/competent authority to pass orders by treating this TA as representation of the applicant after verifying his record, within a period of two months from today. There shall be no order as to costs.
(RAKESH SAGAR JAIN) MEMBER (J)
Ak/-