Discrimination in promotion decisions violates Article 14 of the Constitution, ensuring equal consideration for similarly situated individuals.

ORDER

Per Hon’ble Mr. Rajinder Singh Dogra, J.M.

The fact of the case is that the applicant was appointed as Sub Inspector in J&K Police in 1995. In 2001 the applicant was posted in District Poonch as Incharge Special Operation (Ghatak) Group, Mendhar. During the year 2001 the applicant mostly remained with Operational Groups located at Gursai, Mendhar, Surankote and Poonch and participated in various operations. After having gone through the consistent performance of the applicant on the anti-militancy front, the applicant was recommended by the Sr. Superintendent of Police, Poonch and further Dy. Inspector General of Police, Rajouri-Poonch Range for out of turn promotion to the post of Inspector in J&K Police keeping in view the out of turn promotional policy framed by the respondents. The respondent No.3 asked the Deputy Inspector General of Police, Rajouri-Poonch Range to recommend the applicant for gallantry medal firstly but no gallantry medal has been given to the applicant till date.

It is submitted by the applicant that despite his best performance, he was tossed from one place to another and no out of turn promotion was given to him despite recommendations.

Being aggrieved the applicant filed SWP No. 361 of 2005 before the Hon’ble High Court. During the pendency of the said writ petition, one Mohan Lal Kaith was granted out of turn promotion to the rank of Deputy Superintendent of Police vide order dated 11.5.2006. The writ petition was also disposed of with the direction to the applicant to file a resh representation. However, respondent No.2 vide order dated 3.12.2008 rejected the case of the applicant. Being aggrieved by the said order dated 3.12.2008 the applicant has filed the present SWP No. 1022 of 2010. After the promulgation of the J&K Reorganization Act, 2019 and the formation of UT of J&K, the case was made over to this Tribunal where it was re- numbered as TA 9386/2020. The applicant has prayed for the following relief :

i) Writ, order or direction in the nature of Writ of Certiorari quashing the order No. 3678 of 2008 dated 3.12.2008 passed by the respondent No.2 whereby the case of the applicant for his out of turn promotion to the post of Inspector in J&K Police, has been rejected;

ii) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to grant fresh consideration to the case of the applicant for his out of turn promotion to the post of Inspector in J&K Police on the same analogy, as has been done in the other similarly placed cases including the case of Sh. Mohan Lal Kaith, who was accorded promotion in terms of Govt. Order No. Home-159(P) of 2006 dated 11.5.2006, from the date the case of the applicant was recommended for out of turn promotion and grant the same with all consequential benefits;

iii) Any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the applicant and against the respondents along with cost of the application.

2. The respondents by filing their counter have stated that the applicant has never been recommended by IGP Jammu Zone, Jammu for his out of turn prometon as Inspector on operational grounds. However, suitable cash reward among others was given to him for his limited contribution as he was found lacking in merit vis-à-vis his performance on anti-militancy front to deserve grant of out of turn promotion or award of any medal for Gallantry Services. It is also submitted that out of turn prometon cannot be claimed as a matter of right, but it is a concession which the government accord on the basis of exemplary courage shown in the anti-militancy front and most importantly requires citations/recommendations of the concerned Range DIGs and duly forwarded by the concerned IGP to PHQ in the light of the policy framed by the Government of J&K in 2000 and modified in 2007. In the present case no such recommendation was received in favour of the applic