MOHD. AMIN Vs. STATE OF J AND K

JUDGEMENT

(1.) The petitioner has sought indulgence of this Court to issue writ of certiorari quashing Order No. 1721 of 2002 dated 22.4.2002 (Annexure "T" to the writ petition). He has further prayed for issuance of writ of mandamus commanding the respondents to promote him as Inspector by granting him out of turn promotion with effect from 20.10.1999 and also to grant all service benefits including seniority, on the grounds taken in the writ petition.

(2.) Precisely, the case of petitioner is that he came to be appointed as Sub Inspector in the Police Department in the year 1992-93 and was posted as SHO Police Station Loran in the year 1998. He joined so many operations and fought against anti-national elements with courage and sincere devotion. His contribution was fully acknowledged by senior army officials who were also fighting militancy in the said area. During that period he was threatened by militants but despite all odds he undeterredly performed his duties and participated in various operations. It is contended that in terms of the policy decision of the Government, an incharge police officer whose performance is outstanding is entitled to out of turn promotion, but the official respondents have not granted the same in his favour despite the fact he was having recommendations and the certificates at his back issued by the competent authority (Annexures "J" & "K"). Further it is contended that his performance was not only outstanding but courageous and more outstanding as compared to the private respondents but out of turn promotion came to be granted in their favour and his case was rejected vide the impugned order. It is averred that the impugned order came to be passed illegally, without application of mind and without considering all the documents/certificates/letter of recommendations.

(3.) The official respondents have filed the reply and have resisted the petition on the ground that the case of petitioner was considered and rejected for the reasons that he has not performed in such a way in order to seek out of turn promotion. It is apt to reproduce paras 9 and 10 of the reply herein: