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2025 Supreme(Online)(CAT) 7943
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Tarlochan Singh – Appellant
Versus
State of J&K through Commissioner/Secretary – Respondent
TA 7422/2021
For the applicant: Mr. Abhinav Sharma, Sr. Counsel
For the respondents: Mr. Hunar Gupta, ld. DAG
An applicant cannot be reverted from promotion without just cause and proper notice, especially when the promotion was found valid despite the procedural oversight.
Headnote:(A) No specific laws cited - Promotion and reversion in police service - Issue of promotion without training arose - Applicant claimed discrimination in promotion retraction. (Paras 1-8)
(B) No notice was served before reversion - Applicants promotion in 1999 deemed valid despite lack of training course. (Paras 3, 6, 8)
(C) The continuing stay order from High Court maintains the applicant's position - The wrongful promotion detected; however, no fault on applicant hence not unceremoniously reverted. (Paras 7, 8)
Facts of the case:
Applicant appointed in 1977, promoted in 1999 without training, later reverted without notice; concurrent similar situation for private respondent.
Findings of Court:
Applicant should retain promotion since 1999, with consequential benefits.
Issues: Validity of reversion without notice and bias in promotion.
Ratio Decidendi: Court found procedural flaws in reverting the applicant, asserting rights due to lack of justified grounds for demotion when no fault was found.
Result: Application allowed, order quashed.
| Table of Content |
|---|
| 1. promotion process and its challenges. (Para 1 , 2) |
| 2. arguments regarding promotion based on training. (Para 3 , 4) |
| 3. reversion from promotion under legal scrutiny. (Para 5 , 6) |
| 4. effect of continuing stay order on applicant's status. (Para 7) |
| 5. final order quashing the reversion. (Para 8) |
……Respondents For the applicant : Mr. Abhinav Sharma, Sr. Counsel For the respondents : Mr.Hunar Gupta, ld. DAG Heard on : 24.3.2025 Pronounced on : 18.7.2025 O R D E R Per Hon’ble Mr. Rajinder Singh Dogra, J.M.
The applicant who is presently functioning as Head Constable being aggrieved by the impugned order dated 10.1.2014 has filed the present application seeking the following relief :
i) Allow the present application;
ii) Quash Zonal Police Headquarters, Jammu’s order No.
20 of 2014 dated 10.1.2014 by the medium of which the promotion order of the applicant as Head Constable issued vide No. ZPHQ, Jammu OB No. 139 of 1999 dated 7.5.1999 has been rescinded and the applicant reverted to the rank of Selection Grade Constable from the post of Head Constable retrospectively w.e.f.
1.1.1999;
iii) Restrain the respondents from implementing Order No.
20 of 2014 dated 10.1.2014 by the medium of which the applicant a Head Constable in JK Police has been reverted to the rank of Senior Grade Constable after performing his duties as Head Constable for the last 15 years;
iv) Command and direct the respondents not to disturb the promotion of the applicant as Head Constable, J&K Police made vide ZPHQ, Jammu OB No. 139 of 1999 dated 7.5.1999, on which post the applicant has been performing his duties as Head Constable for the last 15 years and allow the applicant to function as Head Constable and to give him all further consequential benefits including promotions, monetary benefits after treating the impugned order No. 20 of 2014 dated
10.1.2014 as illegal, invalid and void ab initio;
v) Any other writ, order or direction which this Hon’ble Court may deem fit or proper in the facts and circumstances of the case.
2. The fact of the case is that the applicant was appointed as Constable in J&K Police on 17.4.1977. Thereafter he was placed in selection grade in the month of October, 1990 and was promoted as Head Constable in 1999 vide order dated 7.5.1999 notwithstanding the fact that he had not undergone the training and he is drawing regular increments since 1999 till date. The applicant was due for promotion to the post of Head Constable in
1998 but was not promoted in that year.
The private respondent No.5 (Surinder Kumar) was also appointed along with the applicant a Constable in J&K Police and was later promoted to the rank of Head Constable along with the applicant vide order dated 7.5.1999. But after rendering 13 years of service as Head Constable he was reverted to the rank of Senior Grade Constable vide order dated 5.1.2012 w.e.f. 1.1.1999. Being aggrieved the private respondent approached the Hon’ble High Court in SWP No. 25/2012 which was considered by the Hon’ble High Court on 11.1.2012 and the Hon’ble Court was pleased to stay the operation of the order dated 5.1.2012 by which the private respondent was reverted to the post of Senior Grade Constable from the post of Head Constable. The respondents while filing reply to the said SWP averred that pre-promotion Senior Grade Constable brought on list C (II) was eligible to be promoted to the rank of Head Constable only after he has undergone the pre-
promotion course.
The impugned order dated 10.1.2014 makes reference to the order of reversion of the private respondent and says that perusal of the record of the present applicant reveals that the applicant also got promoted to the rank of Head Constable vide order dated 7.5.1999 despite being similarly situated as the private respondent and this has been made a ground for rescinding the promotion order of the applicant as Head Constable and his reversion to the post of Senior Grade Constable w.e.f. 1.1.1999.
It is submitted by the applicant that n
