CAT permits Police to carry on with promotion of 208 candidates as DySsP
STATE TIMES NEWS
JAMMU: Central Administrative Tribunal ordered that Police is at liberty to promote eligible candidates in department to the posts of DySP, however, the said promotion will be subject to final outcome of the OA. The applicants in OA No. 889/2022 have impugned the promotion order dated 28.4.2022 to the post of DySP, J&K on stop gap basis in their own pay and grade. Basically the applicants have challenged the seniority list of 2019 in OA 241/2022 which is still pending before this Tribunal for final disposal. Prior to that, a separate batch of candidates also challenged the said seniority list of 2019 before the CAT, Jammu Bench in TA 2 of 2020, TA 3 of 2020 and TA 4 of 2020 which are still pending for final disposal. This is fresh OA which has been filed by the similarly placed persons. Almost all applicants are common in OA 241/2022 and OA 889/2022.
CAT observed that present OA came up for hearing before the Tribunal on 12.9.2022 and an interim order was passed in the following terms, “The respondents are directed not to promote any further candidates to the post of Deputy Superintendent of Police.” CAT further observed that now counsel for the respondents/J&K Police has filed an MA No. 1025/2022 for vacation of stay passed by this Tribunal on 12.9.2022. Objection has been filed by the applicants in said MA. During the course of hearing counsel for the respondents submits that due to the interim order passed by this Tribunal on 12.9.2022, the department is facing difficulties since there are 208 vacancies available for promotion and there are available candidates to be promoted to the next higher grade and non-promotion to the posts available is adversely affecting the working of the police force at supervisory and operational level. He submits that the applicants have not come with a clean hand since they have earlier filed OA 241/2022 which is still pending before this Tribunal for consideration and when they have not got a suitable order they have filed another OA 889/2022. The applicants in both the OAs are identical. They cannot file two OAs for same relief. On the other hand the applicants in the present OA submit that the applicants are senior to those who are being promoted. However, it is true that the earlier OA challenging the seniority list of 2019 is still pending for final disposal before appropriate Bench of CAT. The CAT after hearing both the sides observed that since the claim of the applicants is pending before this Tribunal by which seniority list of 2019 has been challenged, there is no stay operating against the respondents not to promote the eligible candidates. In view of above, the interim order passed by this Tribunal on 12.9.2022 is vacated.