STATE OF J&K Vs. RADHA KRISHAN

JUDGEMENT

(1.) LETTERS Patent Appeal, on hand, is directed against Writ Court judgment dated 12.06.2003 in petition titled Radha Krishan v. State of J&K & ors., SWP no. 2169/2000, whereby learned Single Judge has allowed the writ petition and directed the respondents to promote the writ petitioner/respondent as Selection Grade Constable with effect from 01.07.1975 and grant him all consequential benefits as allowed to his juniors including one Shabir Ahmad No. 520 JKAP IV Battalion. First an overview of background facts.

(2.) RESPONDENT /writ petitioner was appointed as Constable in the appellant Police Department in 1971. He was denied promotion while his juniors including Constable, Shabir Ahmad No. 520 JKAP IV Battalion were given promotion as Selection Grade Constables with effect from 01.07.1975. His repeated representations did not attract any response for more than one and a half decades. The appellants finally in the year 1999 A.D constituted a Special Departmental Promotion Committee (DPC) to accord consideration to the respondent/writ petitioner 's claim. The Special Departmental Promotion Committee (DPC) considered respondent/writ petitioner 's case and placed him in promotion list "of 1975 with effect from 01.07.1975 as per DPC Norms of 1975 ", applied to his juniors. The respondent/writ petitioner was, thereafter, called for interview. He appeared before the DPC on 14.12.1999 and was declared successful. His case was cleared for promotion with effect from 01.07.1975. However, the appellants did not act on the recommendation of the DPC, constraining the respondent/writ petitioner to approach the Writ Court with writ petition being SWP no. 2169/2000.

(3.) THE Writ Court judgment dated 12.06.2003 is called in question in the Letters Patent Appeal, on hand, on the ground urged therein.