NEELIMA SARAF Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner who was at the relevant time working on the post of Platoon Commander in Special Armed Forces of State of M.P. has approached this Court by way of filing this writ petition under Article 226 of the Constitution of India, seeking to challenge the order dated 21-3-2007 and 4-4-2008 whereby it was communicated to the petitioner that after due consideration, the claim of the petitioner for grant of out of turn promotion has been rejected. It is contended by the petitioner that she is a sports person having been awarded Vikram Award in the year 2001 and has won several medals in the National and International Championship in Power Lifting. As per the provisions made under the M.P. Special Armed Forces Rules, 1973 (hereinafter referred to as 'Rules') the petitioner was required to be granted out of turn promotion. Such a request was made which was duly forwarded by the Commandant of Battalion where the petitioner was working but the said request has been rejected by the respondents by the impugned communication, therefore, this writ petition is required to be filed. It is contended by the petitioner that taking part in the National and International Championship of sports, confers a right on the petitioner to claim, consideration for grant of out of turn promotion which could not have been denied in the manner the same has been. This being so, it is contended that the orders impugned are bad in law. The return has been filed by the respondents contending inter alia that the provisions are made in Rule 56 of the Rules pursuance to which the claims are to be considered. There are specific instructions issued by the Director General of Police in GOP No. 103/2007 dated 7-3-2007 wherein it is specifically provided that the power lifting is not included as a sports within the recognized list of sports events in the Indian Police Game. This being so, the recommendations made in respect of petitioner by the Commandant of Battalion for grant of out of turn promotion was considered and rejected. The petitioner would not be entitled to any relief as claimed in the writ petition in view of the fact that the sports in which the petitioner has taken part is not recognized as sport activity for the purposes of grant of out of turn promotion.

(2.) The petitioner has amended the writ petition and has brought on record the fact that after obtaining training the petitioner was granted promotion on the post of Company Commander vide order dated 30th March, 2011. The said promotion is granted to the petitioner on her turn in usual course. By way of filing rejoinder it is contended by the petitioner that the respondents have already considered the case of similarly situated persons as back as in the year 2002 and have promoted one Ms. Kamla Rawat who too has taken part in the sports. Yet another lady Sub Inspector was promoted by the order of Director General of Police on account of taking part in some of the sports activities. There were other persons who were promoted. Even before coming into force of the GOP referred to hereinabove Ms. Madhuri Bhagwat was promoted on the post of Platoon Commander only because she has won Gold Medals in Power Lifting Sport by granting her out of turn promotion. The petitioner has been awarded cash prize for taking part in the very same sports and winning Gold Medals but this particular aspect is not considered by the respondents. Further in the Rules made by the Sports Department of Government of M.P., Vikram awardee is granted certain benefits. That being so, saying that only because the sport in which the petitioner has taken part is not included in the GOP or recognized as event in the police meet, it cannot be said that the petitioner would not be entitled to grant of benefit of out of turn promotion.

(3.) Since after granting opportunities, the respondents have not filed any additional return to meet out these amended pleadings and the pleadings raised in the rejoinder, it has to be held that such are the true facts as have been pointed out by the petitioner. It is further to be seen that there is no description shown as to why the claim of the petitioner was not considered at the relevant time when she had won medals in the year 2003 and 2004 in the very same sports activities. The petitioner has won the Gold Medals in the year 2004 and 2005 again and thus became entitled to be considered for grant of such benefit. The GOP of 2007 would not come in the way for consideration of claim of petitioner for grant of out of turn promotion in view of the fact that the said GOP was not in force at the time when the petitioner has secured the medals in the aforesaid sports activities. Yet another reason to give a finding in this respect is that if the sport is recognised by the State Government in the Rules made by the Sports and Youth Welfare Department, how could it be said by the very same Government in the Home Department that the said sport would not be recognised for the purposes of granting out of turn promotion to an incumbent who has secured Gold Medal in the National and International Championship. That being so, the stand taken by the respondents in their return cannot be accepted. If the communication sent in this respect impugned in the writ petition are examined, it is clear that the case of the petitioner was considered by the committee in the year 2007. The cause of action for such a consideration was accrued in the year 2004 and 2005 and therefore there was no question of making application of the GOP which came in force in the year 2007. That being so, it is clear that the case of the petitioner was not properly considered by the respondents for grant of out of turn promotion. Consequently it has to be held that the petitioner was entitled to be considered for grant of out of turn promotion on account of securing Gold and Silver medals in the sports activities of power lifting.