1. In view of the disturbances in the Valley of Kashmir right from 1989, the endeavours were made by State of J&K to curb the militancy with iron hands. The involvement of local police in anti militancy operations was found to be beneficial and, as such, several measures appear to have been taken to infuse confidence in local police and provide incentives to those who perform well particularly on militancy front. It is in this backdrop, several decisions were taken by the State of J&K, one of them being of promulgation of Govt. Order No.Home-3(P) of 2000 dated 06.01.2000. This order was passed to make provisions for out-of-turn promotions keeping in view the meritorious services rendered by Police Officers, who opted to serve the nation like the petitioner to curb the menace of militancy in the valley. The above said Government Order inter-alia laid down the procedure and norms for out-of-turn promotion in the Police Department in respect of very exceptionally deserving cases on objective basis.

2. It is contended that the petitioner, a Sub Inspector in the Police Department played a key role in counter insurgency operations conducted by the J&K Police to combat terrorism, and was in the forefront of such counter insurgency operations. His case for out-of-turn promotion was recommended by the Senior Superintendent of Police, Budgam in terms of Govt. Order No. Home-3(P) of 2000 dated 06.01.2000, but, was not considered by the competent authority. He made several representations, but, all in vain. Lastly, when, his case for out-of-turn promotion was not considered, he filed writ petition bearing SWP No. 1194/2009, which came to be disposed of vide order dated 15.02.2011 with the directions to the respondents to consider the case of the petitioner on the same lines as was done in case of other officials similarly situated, who had played similar role of same level in combating terrorism as had been played by the petitioner.

3. Pursuant to the aforesaid directions, respondents considered the case of the petitioner and vide order No. 1244 of 2011 dated 31.03.2011 rejected the case of the petitioner for his out-of-turn promotion. It is this order, which is called in question through the medium of instant petition. The petitioner further seeks direction to the respondents to give the benefit of out-of-turn promotion to the petitioner on the same lines as has been done in case of other four persons recommended with him for the said benefit in terms of Govt. order dated 06.01.2000.

4. The petitioner has annexed copy of Govt. Order No.Home-3(P) of 2000 dated 06.01.2000 whereunder provision has been made for out-of-turn promotion in the Police Department in favour of exceptionally deserving officials/officers, the communication No. CS/CIT-Arath/08/982 dated 12.03.2008, addressed by Senior Superintendent of Police, District Budgam to Deputy Inspector General Of police, CKR-Srinagar, recommending case of the petitioner and others for promotion, and communication No. CS/CIT/Arath/08/1185-86 dated 29.03.2008 on the same subject as also documents depicting out-of-turn promotions made in favour of similarly situated police officials, who had participated in counter insurgency operations. It seems that vide letter No. CS/OTP/08/1498-99 dated 15.04.2008, Senior Superintendent of Police, Budgam had sent the citation for out-of-turn promotion to the Deputy Inspector General.

5. Respondents have filed objections admitting therein that petitioner has made significant contribution in counter insurgency operations. It is also contended that they placed the case of the petitioner for out-of-turn promotion on operational grounds before Police Establishment Board (PEB) constituted vide Government Order No. Home-559 (P) of 2007 dated 29.11.2007 and that the Board instead of out-of-turn promotion recommended cash award of Rs. 30,000 with CC Class I in favour of the petitioner and that cash award was duly sanctioned vide Order No. 2330 of 2008 dated 09.07.2008.

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