A.K. Pathak, J.

1. Petitioner was appointed as Constable in Delhi Police on 15th June, 1989. He was granted first out of turn ad hoc promotion as Head Constable on 3rd June, 2003 and was later on regularized on 22nd May, 2006. He was granted second out of turn promotion on ad hoc basis on 30th March, 2006 as Assistant Sub Inspector. These out of turn promotions were given to him under Rule 19(ii) of Delhi Police (Promotion & Confirmation) Rules, 1980 (for short hereinafter referred to as said Rules).

.2. Accused Sher Singh Rana, who was involved in the murder of Smt. Phoolan Devi (Member of Parliament), escaped from Tihar Jail on 17th February, 2004 and a reward of Rs. 50,000/- was declared on his arrest by the Delhi Police. A team of 8 police officials was constituted to nab accused Sher Singh Rana. Petitioner was one of the members of the said team. After continuous and untiring efforts, police team came to know that accused had gone to Bangladesh on forged passport. His presence was also noticed in Kolkata. Accordingly, five police officials of the team which comprised SI Neeraj Kumar, HC Satish Kumar, HC Satyavir Singh and Ct. Surender Kumar besides the Petitioner went to Kolkatta. Petitioner and his teammates made untiring efforts continuously for more than six months and nabbed accused Sher Singh Rana on 24th May, 2006 in Kolkatta.

3. DCP (Special Branch) sent the citation for out of turn promotion to the next higher rank to Petitioner and his four other teammates on 27th June, 2006. Petitioner along with others was also granted Asadharan Karya Purskar (AKP) with cash reward of Rs. 5000/- on 15th December, 2006. Recommendation for out of turn promotion was made by the DCP (Special Branch) as the Petitioner and his team had not only shown extraordinary gallantry but had also displayed determination, extraordinary quality of investigation, dedication, sincerity, meticulous planning in nabbing accused Sher Singh Rana.

4. One Incentive Committee comprising of Special Commissioner of Police as Chairman, two Joint Commissioners of Police and one Dy. Commissioner of Police as Members, was constituted to consider the cases of out of turn promotion. On 24th April, 2007 Incentive Committee considered the cases of Members of Kolkatta team and made recommendation for out of turn promotion to SI Neeraj Kumar, HC Satish Kumar and Ct. Surender Kumar. However, Incentive Committee decided not to recommend the case of Petitioner for grant of out of turn promotion. As per the Respondents, Petitioner was not given out of turn promotion as he had the benefit of out of turn promotions twice in the past.

5. Aggrieved by the denial of out of turn promotion to him by the Incentive Committee, Petitioner filed OA No. 1512/2007 before the Central Administrative Tribunal, Principal Bench (for short hereinafter referred to as the Tribunal) praying therein that the Respondents be directed to consider the valid claim of the Petitioner for promotion to the rank of Sub-Inspector on out of turn basis and also to grant all consequential benefits including seniority, promotion, pay etc. It was alleged that the Respondents, in not granting out of turn promotion to the Petitioner, had treated him differently than the other members of the team who were identically situated vis-a-vis the Petitioner and this action of the Respondents was discriminatory and in violation of Article 14 of the Constitution of India.

.6. Vide impugned order dated 18th September, 2008 the Tribunal held that ad hoc out of turn promotion depended upon the number of vacancies available in a given year and the number of persons being considered for such promotion. It may so happen that the number of vacancies in a year are large and number of recommendations are only few or it may be vice versa. Depending upon these facts, Incentive Committee can mould the policy to be followed on the basis of situation prevalent in a particular year. Depending upon the circumstances, Incentive C