Jammu and Kahsmir High Court today directed the government respondents to consider out of turn promotion of a Superintendent of Police.
In his petition Mukesh Kakkar (presently SP) had sought quashment of Government Order No. Home- 1344(P) of 2010 dated 28.10.2010 (wrongly mentioned as 2009) with 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 and 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 said Government Order 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, the court ordered. JNF