STATE TIMES NEWS
JAMMU: In a petition filed by Mukesh Kakkar (presently SP) seeking quashment of Government Order No. Home- 1344(P) of 2010 dated 28.10.2010 (wrongly mentioned as 2009) having endorsement No.Home/PB-1/WP/18/2010 dated 28.10.2010, issued by respondent No.1, whereby the case of petitioner for out-of-turn promotion has been rejected. Further, the petitioner has prayed that the respondents be commanded to grant him the benefit of out-of-turn promotion with all consequential benefits as have been given to similarly situated persons including his juniors.
Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing Sr. Adv Sunil Sethi with Adv Veenu Gupta appearing for the petitioner whereas AAG WS Nargal appearing for the Home Dept, observed that in view of what has been discussed and after considering the material produced before the Court in the shape of writ record, the record produced by the respondents as also the photocopies of the documents/certificates produced by the counsel for petitioner during the course of hearing of this case regarding consistently exceptional performance of petitioner on anti-militancy front, allow the writ petition. Accordingly, the writ petition is allowed and Government Order No. Home- 1344(P) of 2010 dated 28.10.2010 (wrongly mentioned as 2009) having endorsement No.Home/PB-1/WP/18/2010 dated 28.10.2010, issued by State is hereby quashed. Respondents are directed to reconsider the petitioner for out-of-turn promotion/confirmation to the rank of Dy. S.P. from a retrospective date, i.e., with effect from 13.10.1998 with all consequential benefits and reckon his seniority accordingly. While reconsidering the case of petitioner, the respondents would also take into account Government Order No.Home-(P) of 1999 dated 08.07.1999, whereby Abdul Rashid Baba and N. P. Singh have been granted second out-of-turn promotion. Let the relevant orders with regard to the promotion/confirmation of petitioner from a retrospective date be passed within a period of two months from today.
Justice Tashi Rabstan observed that in view of outstanding/meritorious performance of petitioner on anti-terrorist front and awarding of Commendation Certificates/Letters of Appreciation by the higher authorities, Bravery Medal/award by the then President of India as also in view of Supplementary Affidavit filed by the then DGP, J&K in SWP No.1018/2000 (supra) and Government Order No.Home-3(P) of 2000 dated 06.01.2000, the petitioner deserves to be granted second out-of-turn promotion/confirmation from the date he was posted as Dy. S.P. on Incharge basis by the then DGP. Otherwise too, a similar treatment cannot be denied to the petitioner in law nor can he be debarred from claiming parity with other similarly situated persons who have been granted out-of-turn promotions.
Justice Tashi further observed that in view of the above discussion, it seems the policy governing out-of-turn promotion has not been implemented in right earnest and with honest approach; rather the same is being used to promote the officials on the basis of liking and dis-liking and on consideration other than for which the policy has been formulated. From the above discussed facts, it appears that the power in granting out-of-turn promotions has been exercised arbitrarily, irrationally, unfairly, which has resulted in discrimination and hostile treatment to the petitioner as there has been violation of the prescribed norms and the criterion. The rule has to be applied objectively and uniformly and not on the basis of liking or dis-liking of the authorities concerned.