MUKHTAR AHMED DHARVS Vs. STATE AND OTHERS

JUDGEMENT

(1.) In view of the disturbances in the Valley of Kashmir right from 1989, the endeavours were made by State of J&K to curb the militancy with iron hands. The involvement of local police in anti militancy operations was found to be beneficial and, as such, several measures appear to have been taken to infuse confidence in local police and provide incentives to those who perform well particularly on militancy front. It is in this backdrop, several decisions were taken by the State of J&K, one of them being of promulgation of Govt. Order No.Home-3(P) of 2000 dated 06.01.2000. This order was passed to make provisions for out-of-turn promotions keeping in view the meritorious services rendered by Police Officers, who opted to serve the nation like the petitioner to curb the menace of militancy in the valley. The above said Government Order inter-alia laid down the procedure and norms for out-of-turn promotion in the Police Department in respect of very exceptionally deserving cases on objective basis.

(2.) It is contended that the petitioner, a Sub Inspector in the Police Department played a key role in counter insurgency operations conducted by the J&K Police to combat terrorism, and was in the forefront of such counter insurgency operations.

(3.) Pursuant to the aforesaid directions, respondents considered the case of the petitioner and vide order No. 1244 of 2011 dated 31.03.2011 rejected the case of the petitioner for his out-of-turn promotion. It is this order, which is called in question through the medium of instant petition. The petitioner further seeks direction to the respondents to give the benefit of out-of-turn promotion to the petitioner on the same lines as has been done in case of other four persons recommended with him for the said benefit in terms of Govt. order dated 06.01.2000.