CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 475/2022 Reserved on: - 19.08.2025 Pronounced on: - 19.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Parlahd Singh, age 48 years, S/O Sh. Romal Singh, R/O Village Kotli, Tehsil and District Doda.

…Applicant (Advocate: - Ms. Manpreet Kour)

Versus

1/ State of Jammu and Kashmir through Commissioner-cum-Secretary to Government, Home Department, Govt. of J&K. Civil Secretariat, Jammu.

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

3/ Inspector General of Police, Kashmir Zone Kashmir.

4/ Deputy Inspector General of Police SKR, Anantnag Kashmir.

5/ Superintendent of Police District Shopian, Kashmir .

6/ Commandant, IR 12 Bn. Nad Samba, District Samba.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.286/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.475/2022 by the Registry of this Tribunal.

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

a) to issue directions to the respondents to consider the case of the petitioner for 'out of turn promotion' to the post of ASI as the petitioner has performed the excellent and remarkable job and taken part in anti militancy operations as the respondents have promoted similarly situated persons, who have taken part along with the petitioner in anti militancy operations, by issuance of writ of mandamus;

b) to issue directions to the respondents to consider the case of the petitioner for 'out of turn promotion' on the basis of recommendation made by the Superintendent of Police District Shopian vide letter No. CS/0-4/16/289 dated 19.05.2016 and also to give the effect of 'out of turn promotion' retrospectively w.e.f. 31.12.2016 the date the other similarly situated persons have been given the promotion and to give all the consequential benefit of ‘out of turn promotion to the petitioner retrospectively or with effect from the date the recommendation has been made in favour of petitioner for 'out of turn promotion' along with all the consequential benefit, by issuance of writ of mandamus; AND Any other writ, order or directions as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner and against the respondents with cost.

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

a) The applicant, Parlahd Singh, is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India. He was appointed as a Constable in the Police Department in the year 1995 and underwent requisite training at APTC Kathua. During his service career, he remained posted at various sensitive places including Pulwama and Shopian, which are militancy-affected areas.

b) Owing to his participation in anti-militancy operations during the initial phase of his service, the applicant was granted promotion as Selection Grade Constable in June 1999 and thereafter promoted as Head Constable vide order dated 24.04.2006. These promotions were accorded during his posting with SOG Pulwama.

c) After the creation of District Shopian in the year 2008, the applicant was posted/attached with SOG Shopian, where he continued to participate in several anti-militancy operations. Between the years 2006 and 2016, the applicant claims to have participated in more than thirteen anti-militancy operations at different locations including Chadipora, Renipora, Allyalpora, Zainabatoo, Reshipora, Heffkuri, Shalidora Keller, Semthan Bijbehara, Hushangpora, Qazipathri-K. Manloo, Manzimpara, Vehil and Pehlipora Trenz.

d) According to the applicant, during these operations several militants were neutralized and FIRs were registered at different police stations. It is also pleaded that during the operation conducted at Qazipat