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Head Constable gets relief from High Court
Ordered to be promoted as assistant sub-inspector since Dec 1990
11/5/2007 8:13:21 PM
Early Times Reporter
JAMMU | NOV 5
Justice Nirmal Singh of the High Court (Jammu Wing) in a significant judgment directed the respondents to promote a petitioner to the post of Assistant Sub-Inspector (Cipher) with effect from the date his juniors were promoted that was December 1990.
The court said that the petitioner shall also be entitled of all consequential benefits. Court further directed the state respondents that appropriate order in this regard be passed within a period of two months.
This significant judgment was passed in a petition filed by Ved Parkash Head-Constable seeking promotion to the post of ASI (Cipher) from the date nine officials of the department who were junior to him were promoted, along with all consequential benefits. According to the petition, Ved was appointed as constable in J&K Police, Telecommunication Wing in the year 1976 and was promoted as head-constable in the year 1977. For further promotion he had to qualify the basic cipher course. The grievances of the petitioner was that despite he qualified the basic cipher course, he was not given promotion to the post of ASI, whereas the persons junior to him were promoted as ASI in the month of December 1990.
Court issued notice asking official respondents to file objections. The objections filed stated that petitioner had not undergone practical training course which was pre-requisite for promotion. Adv Rahul Pant appearing for the petitioner submitted that there was no such practical training course as stated by the official respondents in the objections. On the other hand additional advocate general BS Salathia appearing for the state sought time to report instructions as to whether the practical training course was the requisite for promotion and whether any junior of the petitioner had undergone such training course.
Justice Nirmal Singh while allowing the petition observed that when the matter was taken up, the AAG appeared and made a statement that he had not received any instructions from the authorities, in view of this the assertions made by the petitioner in the petition that only basic training course in cipher was the requisite qualification for promotion to the post of ASI (cipher) have to be accepted and therefore allowed the petition and directed the respondents to promote the petitioner from December 1990 with all consequential benefits.
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