STATE OF J&K Vs. MOHAMMAD HASSAN

JUDGEMENT

(1.) The State of Jammu and Kashmir and Deputy Inspector General of Police have filed the instant appeal under Clause 12 of the Letters Patent challenging the judgment and order dated 14.02.2007 rendered by the learned Single Judge of this Court, accepting the prayer made by the petitioner- respondent that he was entitled to promotion as Selection Grade Constable in the Executive Cadre. The order no. 9 of 1994 dated 06.01.1994, withdrawing his promotion as Selection Grade Constable has been quashed by the Writ Court restoring his promotion. The view of the learned Writ Court is discernible from the following para of the judgment which reads thus:-

(2.) Brief facts of the case may first be noticed. The writ petitioner- respondent was appointed as Constable in police organization in March 1979 in District Leh. Thus he was substantive holder of the post of Constable in the Executive Police. He applied for his absorption in Photography Cadre Unit of the Police organization. It is appropriate to mention that the Photography cadre of the Police department is a distinct cadre for all intends and purposes including seniority and promotion. The request made by the petitioner- respondent was accepted and vide PHQ Order no. 65 of 1991 dated 31.01.1991 he was adjusted as Cameraman Constable in the Photography cadre. The aforesaid order is directly relevant to the controversy in hand and therefore the same is set out below in extenso:-

(3.) A perusal of the aforesaid order would show that the lien of the petitioner- respondent on the post of Constable in the Executive cadre was to be deemed to have been terminated with effect from the date of his joining in the Photography Wing of the Crime Branch. However, the petitioner- respondent was given promotion as Selection Grade Constable vide order No. 328 of 1992 dated 25.05.1992. The promotion was to take effect from 01.01.1992. It has also come on record that the petitioner- respondent joined as Cameraman in the Photography cadre on 17.03.1992. It is thus evident that the lien of the petitioner- respondent on the post of Constable in the Executive Cadre continued up to 17.03.1992 as per the terms and conditions of absorption letter dated 31.01.1991 . Therefore, on 01.01.1992 the petitioner- respondent is deemed to be in the Executive Cadre although the promotion order is dated 25.05.1992.