CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 1614/2020 Reserved on: - 09.10.2025 Pronounced on : 10.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

S. Paramjeet Singh, aged 44 years, S/O S. Naranjan Singh, R/O Upper Gadi Garh, Jammu.

…Applicant (Advocate: - Mr. Farhan Mirza)

Versus

1. State of Jammu and Kashmir, Through Commissioner-Cum-Secretary to Government, Home Department, Civil Secretariat, Jammu.

2. Director General of Police, J&K Police, Jammu.

3. Inspector General of Police, Jammu Range, Jammu

4. Dy. Inspector General of Police, Jammu-Kathua Range, Jammu.

5. Dy. Inspector General of Police, Rajouri-Poonch Range.

6. Superintendent of Police, Poonch.

7. Additional Superintendent of Police, Poonch.

8. Mr. Pervaiz Sajjad, Inspector, Presently posted as SHO, Police Station, Bahu Fort, Jammu.

9. Mr. Pawan Gupta, SI (M) Now Dy. Superintendent of Police, Ministerial Cadre, J & K Police, Jammu.

Respondents (Advocate:- Mr. Rajesh Thapa, Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.36/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1614/2020 by the Registry of this Tribunal.

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

I : Writ of Mandamus commanding and directing the respondents to accord out of turn promotion to the petitioner on the basis of recommendations made by the Zonal Police Headquarters Jammu vide communication bearing No.PS/OTP/

Rep-2012/447 dated 13.02. 2013.

ii Writ of Mandamus commanding and directing the respondents to place the case of the petitioner in Police Establishment Board (PEB) and accord out of turn promotion to the petitioner as has been granted to the similarly situated persons.

.iii Mandamus commanding the respondents to grant consequential benefits of such out of turn promotion w.e.f.

23.07.2005.

iv. Such other relief which this Hon'ble Court may deem fit and proper in the given circumstances of the case may kindly be passed in favour of the petitioner as against the respondents.

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

a) The present Transfer Application has its genesis in SWP No.

36/2019, originally instituted before the Hon’ble High Court of Jammu & Kashmir at Jammu, which upon reorganization of the State and transfer of service matters, stood transferred to this Tribunal and was registered as T.A. No. 1614/2020.

b) The applicant, Sh. Paramjeet Singh, was appointed as Sub-

Inspector in the Jammu and Kashmir Police in the year 2000 and was subsequently promoted to the rank of Inspector in January, 2011. The applicant asserts that throughout his service career, he has maintained an unblemished record and has discharged his duties to the satisfaction of his superiors.

c) The grievance of the applicant primarily relates to the period of his posting in District Poonch from May, 2005 to March, 2008. During this tenure, the applicant claims to have actively participated in and led several anti-militancy operations in highly sensitive areas of District Poonch, allegedly resulting in the neutralization of multiple militants and recovery of arms and ammunition.

d) The applicant has specifically detailed his participation in a series of anti-militancy operations between July, 2005 and January, 2007, including encounters at Bhata Durian, Phagla (Surankot), Rata Chamb, Dara Sangala, Peer Topa, Dorian Dhoke, Banola, and Sangiote areas. It is pleaded that in some of these operations, other members of the police force were granted out-of-turn promotions, whereas the applicant was not extended similar benefit.

e) It is further pleaded that for his gallant role in an operation dated 21.02.2006 at Dara Sangala, the applicant was awarded a Gallantry Medal vide President’s Secretariat Notification dated 29.11.2007, while another participant in the sam