ABDUL HAMID BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) In the year 1993, the State Police Force in Srinagar went on strike, which was allegedly triggered by the killing of a Constable. Agitating police personnel allegedly took up weapons against their superiors and thus committed serious acts of indiscipline and the State Government dismissed 109 policemen, dispensing with the disciplinary proceeding, in exercise of its powers vested under Section 126(2)(c) of the State's Constitution. The petitioner also figured amongst the police personnel, who were dismissed from service vide Order No.9(POL) of 1993 dated 01.05.1993.

(2.) The dismissed police personnel, which include the petitioner, challenged the order of their dismissal through number of writ petitions. While the writ petitions were pending, the State Government constituted a high level committee to review the order of dismissal of the police personnel. The high level committee constituted by the State Government, revoked the dismissal order of the police personnel and vide order dated 17.07.1998 directed that 109 police personnel, dismissed earlier from service, would be deemed to have been compulsorily retired from their service with effect from the date of their dismissal. This decision was subsequently changed and 108 posts in the Fire Service Department were created against which all the dismissed police personnel including the petitioner were ordered to be employed fresh. This was ordered pursuant to a cabinet decision No.114/2010 dated 11.07.1998 vide Government Order No.132(Pol) of 1999 dated 22.03.1999. The petitioner also figured at serial No.28 in the aforesaid order. The petitioner unlike others, did not comply with the government order and did not avail of the offer of appointment in the Fire and Emergency Department.

(3.) The petitioner, however, filed a writ petition (SWP No.1440/2003) challenging, inter alia, order of his dismissed dated 01.05.1993 and its conversion into compulsory retirement ordered by the Government vide order dated 17.07.1998. The petitioner sought a mandamus for his re-instatement in the police department. The writ petition filed by the petitioner along with another SWP No.1128/2000 filed by one Mohammad Rafiq Bhat, came to be disposed of vide order dated 06.10.2006 with the following directions:- ???..Dismissal order No.9(Pol) of 1993 dated 1st May 1993, HomeISA-203 of 1993 dated 10.06.1993; Home/281 of 1993 dated 13.08.1993 and compulsory retirement order No.278(ISA) of 1998 dated 17th July, 1998 in respect of the petitioners, which are impugned in the petitions are hereby quashed in so far as they relate to the petitioners. The period of absence in the Police Department from the date they were dismissed from service to their reappointment in the Fire Service Department be settled in accordance with the rules. The period shall c count for the purpose of their Pensionary benefits and leave and other monetary benefits due to them under rules, in view of quashment of the order of dismissal and compulsory retirement etc??.?