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| Power of granting out-of-turn promotions exercised unfairly: HC | | |
Early Times Report
jammu, July 21: High court judge Tashi Rabstan today said 'it appears as if the power of granting out-of-turn promotions has been exercised arbitrarily, irrationally and unfairly which has resulted in discrimination and hostile treatment to the petitioner as there has been violation of the prescribed norms criterion'.
"It seems as if the policy governing out-of-turn promotion has not been implemented in the right earnest and with honest approach; rather it is being used to promote officials on the basis of liking and disliking and on consideration other than for which the policy has been formulated," he said after hearing the two sides.
The court directive came in a petition filed by SP Mukesh Kakkar, seeking quashment of government order No Home- 1344(P) of October 28, 2010 (wrongly mentioned as 2009) having endorsement No Home/PB-1/WP/18/ issued by respondent No 1, whereby the case of petitioner for out-of-turn promotion was rejected. He prayed that the respondents be commanded to grant him the benefit of out-of-turn promotion with all consequential benefits as had been given to similarly situated persons including his juniors.
Justice Rabstan, after considering the material produced before the court in the shape of writ record, the record produced by respondents and the photocopies of the documents/certificates produced by the counsel for petitioner during the course of hearing regarding consistently exceptional performance of petitioner on anti-militancy front, allowed the petition and quashed the government order No Home- 1344(P) having endorsement No Home/PB-1/WP/18/.
"Respondents are directed to reconsider the petitioner for out-of-turn promotion to the rank of DSP from the retrospective date, ie with effect from October 13, 1998 with all consequential benefits and reckon his seniority accordingly. While reconsidering the petitioner's case, the respondents would also take into account the government order No Home-(P) of July 8, 1999 whereby Abdul Rashid Baba and N P Singh were granted second out-of-turn promotion. Let the relevant orders with regard to the petitioner's promotion from the retrospective date be passed within two months from today," the court ordered.
Justice Rabstan observed that in view of the petitioner's outstanding performance on anti-terrorist front and awarding of commendation certificates, Letters of Appreciation by the higher authorities, Bravery Medal by then President of India and the Supplementary Affidavit filed by then DGP in SWP No 1018/2000 (supra) and government order No Home-3(P) of January 6, 2000, the petitioner deserved to be granted second out-of-turn promotion from the date he was posted as DSP on incharge basis by then DGP. "Otherwise too, a similar treatment cannot be denied to him in law nor can he be debarred from claiming parity with other similarly situated persons who have been granted out-of-turn promotions," he said. (JNF) |
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