ORDER

Hon’ble Mrs. Manjula Das, Chairman: Initially, this petition (SWP No. 2972 of 2002) was filed before the Hon’ble High Court of Jammu and Kashmir at Jammu and subsequently, the same has been transferred to this Tribunal along with delay condonation application (CONSW No. 9/2012) and restoration application (RESSW No. 15/2012). The SWP was renumbered as T.A. No. 61/236/2022.

2. The M.A. seeking condonation of delay in filing the restoration application is allowed and the delay is condoned. The M.A. for restoration is also allowed and the petition is restored to its original position.

3. By way of this T.A. the applicant has sought the following reliefs:-

“i.

Respondents be commanded to confer the benefit of periodical promotions retrospectively as Head Constable (Jr. Grade) w.e.f., 16.06.1964, Head Constable Sr. Grade) w.e.f., 27.12.1965, Assistant Sub Inspector w.e.f., 27.12.1966 in pursuance to and by implementing cadet constable scheme 1959 under which the petitioner came to be recruited and appointed.

ii.

consequential benefit of seniority in the cadre of Sub Inspector and Inspector retrospectively be also given.

iii.

the respondents be further commanded to consider the case of promotion of the petitioner to the post of Dy. Superintendent of Police on the same analogy as it was done in the case of Shri Yash Paul Bakshi.

iv.

Such other appropriate writ, direction or order as this Hon’ble Court deems fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.”

4. Learned counsel for the applicant submits that in the year 1959 a Cadet Constable Scheme was floated by the State of Jammu and Kashmir in order to attract more and more persons from the open market to the Police Department. As per the said Scheme, after completion of nine months recruiting course in PTS, the selected Constables were to be promoted as Head Constable (Jr.Grade) and attached to the Police Stations for Practical Training. Subsequently after they were to be sent to P.T.S. Phillaur for Lower class course and such constables, who underwent the said course, were to be promoted to the rank of Head Constables (Sr. Grade) and thereafter, they were to be attached to the Police Stations for practical training and thereafter will be sent again to P.T.S. Phillaur for intermediate course. Such of the Constables, who did well in that course were to be promoted as A.S.Is. The applicant who applied for the post of Assistant Sub-Inspector came to be recruited and appointed under the Cadet Constable Scheme of 1959 as Cadet Constable in the year 1963. The applicant underwent all the prescribed courses and trainings as per the Scheme. However, the benefits of the Cadet Constable Scheme were never granted to the applicant whereas more than 200 persons were recruited from 1959 to 1963 and most of them were even promoted to higher ranks in accordance with the criteria laid down in the Scheme. Many such Cadets namely O.P. Sharma, 948/NGO, Roshan Lal Abrol, 9931/NGO Shri Yash Paul Bakshi, 1498/NGO were recruited under the aforesaid Scheme.

5. Mr. Hunar Gupta, learned D.A.G. for the respondents stated that the applicant is not entitled to the benefit of Cadet-Constable Scheme as the said Scheme was scrapped in the year 1964.

Moreover, the applicant has approached the Court after three decades when the scheme was abolished. Further, the applicant has also superannuated on 21.05.2020 as Inspector Police.

6. Learned counsel for the applicant stated that one Shri Yash Paul Bakshi, who was also appointed as Cadet Constable in 1963 along with the applicant was given the benefit of Cadet Constable Scheme in pursuance to judgement dated 31.05.2001 passed by the Hon’ble High Court in SWP No. 1869/1998. Further, it does not make any difference whether the Scheme was not approved or it was closed in the year 1964, when around 200 persons were given the benefit of the Scheme and the applicant was denied the same. Thi