STATE OF J&K Vs. PARBHAT SINGH

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against order dated 24.05 -1996 passed by the learned Single Judge in SWP No. 1435 of 1995 whereby while allowing the writ petition issued a writ of mandamus to the state to accord similar and equal treatment to the respondent as granted to Mr. Sheikh Mehmood . Inspector Police, and for consideration for promotion to the rank of Inspector from 08.10.1982 with all consequential benefits.

(2.) BRIEF facts of the case are that the respondent Parbhat Singh filed a writ petition No. 1435/1995 seeking relief for his consideration for promotion to the rank of Inspector in Jammu and Kashmir Police department w. e. f. 08.10.1982 treating him to have been promoted as Dy. S.P. w. e. f. June 1993 at par with Dy. S.P. Mr. Sheikh Mahmood and to allow other anciellary benefits. The respondent asserted in the writ petition that he and one Sheikh Mahmood (the then Sub Inspector) were recommended for out of turn promotion on the basis of their meritorious services rendered in the police department The appellants have turned down the recommendation for out of turn promotion. The police department was according out of turn promotion to its personnel on the same grounds and the respondent has been discriminated. Said Sheikh Mahmood filed a writ petition No. 2562/1991 for his out of turn promotion on the basis of meritorious services which came to be allowed by this court vide judgment dated 19.12.1991 against which no appeal was taken by the State and the judgment stands implemented by promoting Sheikh Mahmood S.I., under order No. 1069 of 1992 dt.22.05.1993 to the rank of Inspector form 08.10 -1982. The respondent alleging discrimination claimed equal treatment challenging rejection of recommendation by means of writ petition which has bee allowed by the learned Single Judge on 24.05.1996 observing as under; ".....Petitioners case is that he and Sh. Sheikh Mehmood were sailing in the same boat and, as a matter of fact, petitioner possessed better merit and suitability and had performed meritorious and outstanding ventures in apprehending dreaded criminals etc. as against him and that, his case for out of turn promotion stood also recommended alongwith him. But he had been treated differently and deprived of the promotion. It is, therefore, submitted that once the State -respondent had promoted Sh. Sheikh Mehmood to the post of Inspector and had implemented the court judgment passed in writ petition No. 2562/1991 in this regard, petitioner also required to be given the similarly treatment in all fairness. Ive gone through the record and the letters of the recommendations made by the superior officers in favour of the petitioner which show that the petitioners merit and performance was adjudged better as compared to Sh. Sheikh Mehmood. Now, that the state respondent had promoted Sh. Sheikh Mehmood, who was similarly circumstances from 08.10.1982, a similar treatment cannot be denied to the petitioner in law...."

(3.) THE appellants aggrieved of the writ court order have challenged its correctness and legality by filing this Letters Patent Appeal.