Out-of-turn promotions are discretionary rewards, not entitlements; entitlement depends on the merit and substantive evaluation of performance.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1222/2006 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/1387/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “to quash Order No:348 of 2006 dated 30.01.2006 issued try the Director General of Police, J&K, by which the Director General of Polite has rejected the case of the petitioner for out of turn promotion and also to quash Order No.4245 of 2000 dated 29.12.2000 by which proforma respondents No.9 to 14 have been given out of turn promotion,

b) to issue direction to the respondents to consider the case of the petitioner for out of turn promotion to the post of Selection Grade Constable, in light of the recommendation made by the Chief Prosecuting Officer vide recommendation dated 9.11.2002 and the recommendation made by the Senior Superintendent of Police, Kathua vide recommendation No.PA/12088-99 dated 27.12.2002. by issuance of writ of mandamus; and

c) to issue direction to the respondents to give the similar treatment to the petitioner as the respondents have given to the similarly situated proforma respondents No.9 to 14 namely, Constable Sanjay Kumar No.752/K, Const.Mohd. Iqbal No.885/K, Const. Pawan Kumar No.951/K. Const. Naseeb Singh No.855/K. Const. Joginder Singh No.882/K, Const Bhopinder Singh No.919/K vide Order No.4245 of 2000 dated 29.12.2000, by giving them promotion, by issuance of writ of mandamus; and

d) to issue direction to the respondents to give the effect of promotion to the petitioner retrospectively to the next higher post of Selection Grade Constable w.e.f. the date the respondents have given promotion to the proforma respondents No.9 to14, namely Constable Sanjay Kumar No.752/K, Const. Mohd. Iqbal No.885/K, Const. Pawan Kumar No.951/K, Const. Naseeb Singh No.855/K, Const. Joginder Singh No.882/K, Const. Bhopinder Singh No.919/K vide Order No.4245 of 2000 dated 29.12.2000 and also to give all the promotional benefits and other consequential benefits to the petitioner arising out of promotion to the post of Selection Grade Constable, by issuance of writ of mandamus, and

e) to issue direction to the respondents restraining them to make any promotion to the post of Selection Grade Constable and restraining the respondents to adjust or appoint or promote any person to the post of Selection Grade Constable and restraining the respondents to fill up the vacant post of Head Constable, by issuance of writ of mandamus; and f) to declare the Order No.348 of 2006 dated 30.01.2006 and Order No.4245 of 2000 dated 29.12.2000, as ultra-vires, illegal and contrary to the provisions of principles of natural justice, by issuance of writ of mandamus;

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner, a permanent resident of the erstwhile State of Jammu and Kashmir, is a law-abiding and respectable citizen of India. He was appointed as a Constable on 19.04.1992 in the Jammu and Kashmir Police and successfully completed his basic training from Police Training College, Udhampur. Thereafter, he was posted in District Kathua, where he served with dedication, sincerity, and courage, earning commendations from his superiors for his discipline, honesty, and devotion to duty.

b) While posted at Police Post Ramkot, District Kathua, the petitioner participated in multiple anti-militancy operations during the year 2000. On 09.08.2000, under the supervision of SDPO Basohli, a