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HC directs State to consider promotion of petitioner as Dy SP
1/8/2014 11:41:46 PM
ET Report

Jammu, Jan 8 : In a petition filed by Jai Krishan Raina seeking promotion as DySP Photographer, Vacation Judge of J&K High Court Jammu Wing Justice BL Bhat today directed state to accord consideration to the same for promotion of petitioner as Dy.SP (Photography) on substantive basis at par with the cases of officers, who were accorded promotion on substantive basis by relaxation of experience.
According to the petition, Petitioner, initially appointed as Cadet Constable in the year 1963 in Jammu and Kashmir Police came to be promoted to the post of Dy.SP (Photography Cell) in his own pay and grade in terms of order No.364 of 1998 dated 28.10.1998 passed by respondent no.2. He was also given charge of staff Officer in Crime and Railway Headquarters in addition to his own duties. However, he was not considered for substantive promotion on the ground that he had put in only three years of experience as Inspector till 1998 as against experience of five years required of him for being considered for promotion to the post of Dy.SP on substantive basis. He retired from service on 31st July, 2001 after attaining the age of superannuation. It is pointed out that officers promoted in similar circumstances and lacking the requisite experience for their promotion were promoted on substantive basis in the prosecution wing in terms of order No.Home-493 (P) of 1998 dated 09.12.1998 as also Order No. Home 91(P) of 2000 dated 18.02.2000. Petitioner claims to have approached respondents for consideration of his promotion as Dy.SP (Photography) on substantive basis in relaxation of requisite length of service on the same analogy.
However, the same shall not be considered. Petitioner claims to have approached the Accountability Commission under the misconception in regard to jurisdiction of the Commission. His complaint was dismissed. He is aggrieved of non consideration of his claim by the respondents.Justice BL Bhat after going through the case disposed off petition at this very stage by providing that the respondents shall treat the instant writ petition as representation of the petitioner and accord consideration to the same for promotion of petitioner as Dy.SP (Photography) on substantive basis at par with the cases of officers, who were accorded promotion on substantive basis by relaxation of experience. This exercise shall be concluded within a period of two months from the date copy of this order is served on them.(JNF)
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