SHEELA DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) Heard and perused the record.

(2.) Common ground of both the sides is that petitioner was enrolled as Women Constable in JKAP-11th Battalion in November, 1987 with effect from 9/11/1987. In December, 1997, she was promoted to the rank of Selection Grade Constable vide APHQ order No. 1161 of 1997 dtd. 29/9/1997. On 22/2/2005, petitioner expressed her unwillingness to undergo pre-promotion course for her further promotion to the rank of Head Constable and willfully consented to forego her further promotion in lieu of not undergoing pre-promotion course. In the year, 2007, petitioner submitted an application to the Additional Director General of Police, (Armed) J&K stating in it that earlier she had foregone her promotion as her children were minor/infant and requested that she may now be allowed to go for promotion course for next higher rank. Commandant IR 15th Battalion, Jammu vide No. Estt/IR.15th/09/16128-29 dtd. 11/8/2009 (annexure-C) recommended the case of the petitioner to the Inspector General of Police (Armed) J&K that the petitioner had earlier foregone her promotion due to her maternal instincts for her minor kids so her request requires sympathetic consideration of higher authorities. Last three paragraphs of this communication are important and are reproduced:

(3.) The Inspector General of Police, Armed, however, rejected the request of the petitioner in view of the PHQ J&K Circular issued vide No. TRG-486- 2008/8054-8153- dtd. 16/2/2009 and rejection was conveyed to the Commandant IRP 15th Battalion dtd. 25/9/2009.