Participation in events does not equate to outstanding performance necessary for out of turn promotion; evidence of exceptional achievement is required.

JUDGMENT :

Sanjeev Kumar J

1. This petition filed under Article 226 of the Constitution of India by one Bashir Ahmed Mastana arises out of an order and judgment dated 12.11.2021 passed by the Central Administrative Tribunal, Jammu Bench, Jammu [“Tribunal”] in T.A. No.61/997/2020 titled Bashir Ahmed Mastana v. State of J&K and others, whereby the Tribunal has dismissed the petition filed by the petitioner seeking his out of turn promotion.

2. Briefly stated, the facts leading to the filing of this petition are that the petitioner is a Head Constable in the Jammu & Kashmir Police and is presently working as S.O. in J&K Traffic Police. During the year, 2014,, the petitioner participated in Republic Day Celebrations at New Delhi and was part of the team representing tableau of State of Jammu & Kashmir. On the basis of aforesaid participation, the petitioner approached the respondents for grant of out of turn promotion on the analogy of nine police officials, who were granted out of turn promotion by the respondents vide PHQ Order No.481 of 2003 dated 03.02.2003 in recognition of their outstanding performance in 4th All India Police Band Competition, 2002 held at Srinagar and for winning gold medals in the said competition.

3. When the request of the petitioner was not considered, he filed SWP No.982/2018, which was disposed of by a Single Bench of this Court vide order dated 23rd May, 2018 directing the respondents to consider and pass appropriate orders on the representation, if any, filed by the petitioner for out of turn promotion in view of his claimed outstanding performance in the cultural field. The respondents were also directed to accord consideration keeping in view order No.481 of 2003 dated 03.02.2003, whereby nine police officials were given out of turn promotions for their outstanding performance in a cultural competition.

4. The matter was considered by the Director General of Police and vide order No.6410 of 2018 dated 01.12.2018 the claim of the petitioner for out of turn promotion was turned down on the ground that there was nothing on record to demonstrate that the petitioner had shown any outstanding performance as a part of Police Central Cultural Team. The claim was also rejected on the ground that there was no parity between the petitioner and the nine officials, who were given out of turn promotion vide order dated 03.02.2003, in that, aforesaid nine persons had exhibited outstanding performance by winning gold medals in the 4th All India Police Band Competition, 2002 held at Srinagar.

5. Feeling aggrieved, the petitioner filed a writ petition before this Court, which, on transfer to the Tribunal, was registered as T.A. No.61/997/2020. Vide order and judgment impugned passed by the Tribunal, the T.A. has been dismissed. This is how the petitioner is before us invoking the extraordinary writ jurisdiction of this Court vested under Article 226 of the Constitution of India.

6. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the judgment passed by the Tribunal is legally perfect and does not call for interference in the exercise of the extraordinary writ jurisdiction vested by Article 226 of the Constitution of India.

7. As is rightly observed by the Tribunal, the petitioner cannot seek parity with the nine officials, who were given out of turn promotion in the year 2003 in recognition of their outstanding performance by winning gold medals in 4th All India Police Band Competition, 2002 held at Srinagar. The petitioner has only participated in the Republic Day Celebrations and there is nothing on record much less a certificate by the competent authority certifying outstanding performance of the petitioner in the aforesaid programme. The petitioner was attached with the J&K Central Cultural/Sports team for the first time in the year 2016 vide APHQ order No.APHQ/Sports-51/2015/1416-29 dated 14.01.2016 and was not even part of the Police Central Cultur