GH. MURTAZA Vs. STATE OF J. & K.

JUDGEMENT

(1.) Petitioner, serving as Head Constable in CID Organization of Jammu and Kashmir Police, was promoted out of turn to the rank of Assistant Sub-Inspector (ASI) in terms of order No. 3976 of 2000 dated 05.12.2000 passed by Director General of Police, Kashmir. This was done in recognition of petitioner's outstanding performance in the collection and dissemination of information on anti militancy front. However, petitioner felt dissatisfied as according to him the recommendation for his out of turn promotion was kept pending in the department for a prolonged period of two years without any justification. He filed representation before respondent No. 2--Director General of Police, Srinagar for granting him the benefit of retrospective promotion with effect from the date of recommendation, i.e. 16.03.1998. Aggrieved of inaction on the part of respondents in granting consideration to his representation, petitioner filed SWP No. 980/2004, which came to be disposed of by this Court in terms of order dated 27.04.2005 directing respondents to consider the representation of petitioner which had been filed in September, 2003, i.e. after a period of five years. The representation was rejected by respondent No. 2 in terms of order dated 26.09.2005 on the ground that the recommendation was received from ADGP, CID in terms of his communication dated 25.08.2000, the same was processed under Rules and after according due consideration, petitioner came to be promoted out of turn in terms of PHQ Order No. 3976 of 2000 dated 05.12.2000. Thus, in absence of any recommendation having been received prior to that petitioner was not entitled to seek retrospective effect of his out of turn promotion from 16.03.1998. Respondents have filed objections contesting the petition on the ground that petitioner's case for out of turn promotion on operational grounds was not recommended formally to PHQ by ADGP, CID - J & K which is a prerequisite and necessity for such promotion. However, he was later recommended by ADGP CID, Jammu and Kashmir vide communication dated 25.08.2000 for out of turn promotion as Assistant Sub-Inspector on operational grounds.

(2.) With the consent of learned counsel for the parties, the petition is formally admitted to hearing and taken up for final consideration.

(3.) It is not disputed that the petitioner has done a commendable work during anti militancy operations and his work has been appreciated by one and all. Various commendation certificates issued by the Commanding Officers of the Army units operating in Karnah Sector and the officers at the helm in higher echelons of Police Department bear testimony to the same. It is also not disputed that the petitioner has been awarded cash reward besides Commendation certificate from the then ADGP CID. The copies of commendation certificates and appreciation letters forming annexures to the petition bear it out that the petitioner besides providing valuable information to security forces leading to huge recovery of arms and ammunition, assisted the security forces in apprehension of militants. It is in recognition of outstanding services rendered by petitioner that in terms of order No. 3976 of 2000 dated 05.12.2000, respondent No. 2 ordered his out of turn promotion to the rank of Assistant Sub-Inspector with immediate effect. The short question for consideration is whether the petitioner deserved to be given out of turn promotion retrospectively with effect from 16.03.1998.