Rectification of admitted administrative error in promotion order rank upheld despite lost records and delay in continuing wrong cases.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2637/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.598/2022 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) “Writ, order of direction in the nature of Writ of Certiorari quashing Order No.2668 of 2017 dated 7th August, 2017 issued by Respondent No.2 whereby the representation of the petitioner for promotion to the post of Assistant Sub Inspector of Police, has been rejected;

b) Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to promote the petitioner to the post of Assistant Sub Inspector of Police w.e.f. 10th April, 1999, with all consequential benefits;

c) 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 petitioner and against the respondents along with cost.

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

a) The applicant, Ashok Kumar, was appointed as a Constable in the Jammu and Kashmir Police in the year 1985 and has served the force for several decades with an unblemished service record. During the course of his service, he was deputed to the Special Operations Group (SOG), Anantnag, where he actively participated in anti-militancy operations at a highly sensitive time in the Valley.

b) In recognition of his exceptional performance in anti-militancy operations, the applicant was granted out-of-turn promotion from the rank of Selection Grade Constable to Head Constable vide Police Headquarters Order No. 3891 of 1998 dated 26.11.1998. This promotion was granted on operational grounds under the prevailing policy meant to incentivise and reward extraordinary bravery and performance.

c) Subsequent to this promotion, the applicant continued to distinguish himself in further anti-militancy operations, leading to the killing of militants and recovery of arms and ammunition. His role was not only appreciated by the police hierarchy but was also acknowledged by Army authorities through formal certificates. Owing to these subsequent operations, the then Senior Superintendent of Police, Anantnag, again recommended the applicant for out-of-turn promotion. The recommendation was processed through proper channels and ultimately resulted in issuance of Police Headquarters Order No. 1345 of 1999 dated 10.04.1999.

d) However, despite the fact that the applicant was already holding the rank of Head Constable by virtue of the 1998 order, the order dated 10.04.1999 once again promoted him to the same rank of Head Constable. According to the applicant, this amounted to a clear administrative error, as the second out-of- turn promotion, granted for different and subsequent operations, ought to have been against the higher rank of Assistant Sub-Inspector of Police (ASI).

e) The applicant immediately took up the matter with the departmental authorities and submitted repeated representations seeking rectification of the error by substituting the post of ASI in place of Head Constable in the promotion order dated 10.04.1999. The record reveals that the applicant’s claim was supported at various levels, including recommendations made by the Commandant of the Battalion and Deputy Inspector General of Police, Armed Range. The Armed Police Headquarters had also so