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2004 Supreme(J&K) 360

PERMOD KOHLI
Tilak Raj Thakur – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: D.C. Raina
Advocate For Appellant: Rahul Pant
Advocate For Appellant: S.K. Shukla
Advocate For Appellant: Surinder Kour
Advocate For Appellant: M.S. Qureshi
Advocate For Appellant: Ajay Abrol
Advocate For Appellant: Ruchi Bhakhri
Advocate For Appellant: Sunil Sharma
Advocate For Respondent: B.S. Salathia

SWP No. 1425/03, LPA (SW) No. 441/01, SWP No. 1435/95

Petitioners in all these writ petitions are police officials serving in the Jammu and Kashmir Police in various categories. They have projected a common cause for seeking out of turn promotions in the police department on the basis of their exceptional role in combating militancy and acts of bravery, efficiency etc.

2. Before dealing with the individual cases on the basis of allegations contained in the writ petitions, it is relevant to note that out of turn promotions in the Police Department is provided under Rule 400 of the Police Manual only. Said rule is quoted hereunder:

"400.SPECIAL PROMOTION TO RECIPIENT OF THE PRESIDENTS POLICE MEDAL: --

Any Constable or head Constable (Senior Grade) who is awarded the Presidents or Police Medal may be considered for promotion to the next higher rank if he is found otherwise suitable."

3. From the facts as pleaded in different writ petitions, it becomes apparent that out of turn promotions granted so far are not covered by the above quoted rule but on some other considerations reference to which shall be made at the appropriate stage. Therefore, the claims of the petitioners have to be exami



















































































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