HABIB ULLAH BHAT Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner has filed this petition for directing the respondents to allocate and post him as Platoon Commander. His contention is that he W6S working in the J&K Home Guards when Joint Commandant General, Home Guards, respondent No. 2 issued order dated January 19, 1966, whereby he was appointed as Platoon Commander but .he was not posted as such and was asked to continue as Section Commander. Having been appointed as Platoon Commander, it was the duty of respondents to have also made some posting but nothing was done and even his pay as Platoon Commander had not been released. He made representations to the concerned authorities and after the Commandant, J&K Home Guards, 1st Battalion, sent him a communication on 16.11.1980 referring his application dt. 2. .1980 for promotion to the rank of Platoon commander & directing him to appear before him (the Commandant) when he would visit Baramulla. This letter surprised him (the petitioner). M/s Ramji Pandita and Khursheed Anwar, who were promoted alongwith him, were given postings as Platoon Commanders add were further promoted as Coy Commanders but he was discriminated in similar circumstances when identical orders, had been issued. Order dated 19. 1. 1966 was treated as an order of appointment in the case of Mr. Ramji Pandita but he was discriminated.

(2.) THE Commandant, 1st Bn., J&K Home Guards, in his counter affidavit has contended that the petitioner was at no stage promoted to the rank of platoon Commander. Under rule 4 (d) of the Home Guards Rules, 1962, a person who can claim himself eligible for the rank of a Section -Commander, must be a Middle pass and a person entitled to be considered for the rank of a Platoon Commander must be a matriculate. The Commandant General and the Joint Commandant General have been empowered under provision to said rule to waive or relax the prescribed educational qualifications and age bar In fact, it is in exercise of the said powers that the qualification bar for consideration to the rank of a section Commander, has been relaxed in favour of the petitioner vide Order No. 2 -32 -35 dated 19. 1. 1966. He has not at all been promoted to the rank of a Platoon Commander nor has he at any stage drawn the emoluments for such a rank. It is simply a clerical mistake that has creipt in the order showing the petitioner as Platoon Commander Vide letter No. HG/255/67 dated 20. 1. 1937, respondent No. 2 has specifically conveyed the petitioner regarding his promotion to the rank of Platoon Commander to be unripe which would be considered in due course of time, The petitioner was asked to see the commandant ad explain his position but he did not avail of the opportunity and as such he is not entitled to any indulgence from the court. The aim of order dated 19.1.1936 was to relax the age and qualification bars in respect of Khurshid Anwar, Ramji Pandita and Habib Ullah Bhat petitioner whose ranks at that time were as Platoon Commander, Coy Commander and Section Commander respectively. The words "Platoon Commander" have wrongly been put in the order by a clerical/typographical error as Ramji Pandita was a Coy Commander, a higher rank to platoon Commander. Ramji Pandita was directly enrolled as a Coy Commander and Khurshid Anwar was enrolled as a Platoon Commander.

(3.) IN rejoinder, the petitioner has averred that although the Joint Commandant General has clearly said that the petitioner would be considered for promotion but when Ramji Pandita and Khurshid Anwar wee considered for promotion and appointed as PI toon Commander, the case of the petitioner, was not at all considered by the Dy I. G. concerned. When there was relaxation of qualification bar in his favourt he was bound to be considered for promotion. He has further submitted that although it is not a right of an employee to be promoted but under the provisions of Article 16 of the Constitution of India, it is the right of every employee to be considered for promotion -and, in fact, uptil now he has not been considered for promotion even though posts of Platoon Commanders are available in the Department