ATMA RAM SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal filed under Section 2 (1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyay Peeth Ko Appeal') Adhiniyam, 2005 against the order dated 29/4/2009 passed by learned Single Judge of this Court in Writ Petition No. 1679/2009(s).

(2.) The facts relevant for disposal of this appeal briefly are that the appellant was selected: and appointed on the post of Sub-inspector, Police on 1/6/1983.On 7/9/1992, when the appellant was posted as S.H.O. (P), Police Station Bhander, Tehsil Picchore, District Shivpuri; he apprehended a number of accused persons and controlled law and order situation with lot of courage and in the incident he suffered several injuries because of pelting of stones and bricks by a crowd. For his exemplary gallantry act, he was recommended and awarded police medal. His case was then recommended for out of turn promotion under Regulation 70-A of the Madhya Pradesh Police Regulations. Thereafter, he was promoted out of turn to the post of Inspector with effect from 31/12/1997 i.e. the date on which he joined in the promoted post. The appellant then filed a representation saying that he should have been given the promotion to the post of Inspector with retrospective effect i.e. with effect from 7/9/1992, when the incident took place and the appellant displayed his extraordinary courage, but by order dated 18/2/2009, his representation was rejected by the Government. The appellant then filed writ petition No. 1679/ 09 (s) before this Court, but by impugned order dated 29/4/2009, the learned Single Judge has dismissed the writ petition. Aggrieved, the appellant has filed this appeal.

(3.) Shri Katare, learned counsel for the appellant submitted that since the incident in which the appellant displayed extraordinary courage took place on 7/9/ 1992, he should have been given out of turn promotion under Regulation 70-A of Madhya Pradesh Police Regulations with effect from 7/9/1992. He submitted that others have been given the benefit of out of turn promotions from the date of the incident, but the appellant has been denied out of turn promotion from the date of incident. He cited a Division Bench judgment of this Court in State of M.P .and others vs. Mahendra Kumar Sharma, 2008 (l)M.P.L.J. 320 for the proposition that the Court can in appropriate cases direct the promotion with retrospective effect.