The petitioner has approached this Court seeking quashing of order dated 21.07.2012 passed by the Respondent No.2 whereby the claim of the petitioner for out of turn promotion on the post of Assistant Sub Inspector of Police with all consequential benefits, has been rejected.

2. The brief facts of the case as disclosed in the writ petition are that, the petitioner is working as A.S.I. and as per the amended Rule, he is entitled for grant of out of turn promotion. The petitioner has made a specific plea that other persons who are similarly situated to the petitioner, were granted out of turn promotion whereas, the petitioner has been denied the benefit of out of turn promotion. The petitioner approached this Court in W.P.(S) No. 6356 of 2008 which was disposed of on 19.03.2012 with a direction to the respondents to decide the representation of the petitioner. Pursuant to the order passed by this Court, the impugned order dated 21.07.2012 has been passed. Challenging the order dated 21.07.2012, the petitioner has approached this Court by filing the present writ petition.

3. A counter-affidavit has been filed stating that the only right which could have accrued to the petitioner, is a right of consideration for grant of out of turn promotion. The case of the petitioner was considered and it was not found fit by the competent authority for grant of out of turn promotion to the petitioner and therefore, his claim has been rejected.

4. Heard learned counsel for the parties and perused the documents on record.

5. Dr. S.N. Pathak, the learned Senior counsel appearing for the petitioner raised a plea that in view of Rule 660 C of the Jharkhand Police Manual and the amended provision thereof as well as Police Order No. 219A/90, the petitioner is entitled for grant of benefit of out of turn promotion. He has further raised a plea that other similarly situated persons have been granted benefit of out of turn promotion whereas, the claim of the petitioner has been rejected only on the ground that his performance was not of the highest standard and he has not won any medal in the National Games, which is clearly erroneous in view of the amended provision wherein there is no requirement of having obtained any gold medal in the National Games.

6. The learned counsel appearing for the respondents has reiterated the stand taken in the counter-affidavit and submits that the case of the petitioner has been considered and it has been rejected by the authority on merits and therefore, this Court may not interfere in the matter.

7. The relevant portion of Rule 660 C of the Jharkhand Police Manual are quoted below:-

“Rule 660 C: Out of turn promotion. Selection Boards may recommend out of turn promotion to officers with outstanding records of service and competent authorities may order such promotion in deserving cases as they deem fit and proper with the approval of next higher authority.

Officers so promoted should be placed below the officers of the approved existing list of respective rank prepared by Selection Boards and he confirmed against substantive vacancies as and when vacancies arise in the order of the list.

Criteria taken together for determining outstanding records of service will be as follows:-

(i) Award of President's Police Medal and Indian Police Medal, for gallantry and distinguished service.

(ii) Should not have been awarded any major punishment till the date of consideration and order of out of turn promotion.

(iii) Very good entries in permanent Character Roll.

(iv) Citation regarding high standard of investigation, detection and control of crime and intelligence work.

(v) Should have ability for shouldering higher responsibilities consonant with the proposed promotion.”

8. By order dated 09.09.2011, issued under Police Order No. 219A/90, the relevant provision has been amended which is extracted below:-

“Amendment Order

(A) Those players of all games such as Football/Volleyball/Hockey, who have represented the country or continuously at