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| Consider feasibility of framing recruitment rules in various wings of JKP: CAT | | Issue of promotion of SIs, Inspectors of Executive, Armed Wings | | EARLY TIMES REPORT
JAMMU, Apr 1: A full Bench of Central Administrative Tribunal (CAT) comprising Justice L. Narasimha Red dy, Chairman, Administrative Members Bidisha Banerjee and A K Bishnoi while deciding the controversy over the promotion of Executive Police and Armed Police, directed Government to consider the feasibility of framing the Recruitment Rules for the posts of Sub Inspector and Inspector in various Wings of the Jammu & Kashmir Police as well as the Rules pertaining to the maintenance of common seniority list for Inspectors, duly maintaining proper ratio between Executive Wing and Armed Wing.
CAT further directed that the exercise, if undertaken, shall be completed within a period of three months from the date of receipt of a copy of this order.
CAT observed that the applicants in the petitions were appointed as Sub Inspectors (SIs) in Executive Wing (EW) of Jammu & Kashmir Police in the year 1995. In the State of Jammu & Kashmir, there used to exist only one establishment of Police, which was general in nature. In the year i960, the Armed Wing (AW) of Jammu & Kashmir Police was constituted through Section 6 of the Jammu & Kashmir Police Act. The recruitment to both the Wings are conducted separately, up to the level of Inspector ahd were appointed as SIs in the EW in the year 1995, whereas the private respondents were appointed as SIs in the AW in the year 1998. The seniority lists are maintained separately for the post of SI in these two Wings. The promotions to the post of Inspector in these two Wings are made on the basis of seniority of SIs. It so happened that the SIs of AW were promoted earlier, compared to the SIs in EW. To be precise, the private respondents, who were appointed as SIs in the year 1998, got promotion to the post of Inspector in the year 2005, whereas, the applicants, who were appointed as SIs in EW in the year 1995, got promotion as Inspector in the year 2007. The Full Bench of Central Administrative Tribunal after hearing both the sides observed that the confluence of these two Wings takes place, at the stage of promotion to the post of Dy. SP, which is of a gazetted rank. Tentative / provisional seniority list of Inspectors was published on 08.04.2010. The names of the Inspectors from both the Wings were arranged purely based upon the dates of their promotion to that post. Naturally, the applicants figured en bloc below the private respondents, who were promoted to the post of Inspectors three years earlier. This would have its own impact upon the chances of the applicants for promotion to the post of Dy. SP. This batch of T.
As is filed claiming various reliefs.
CAT further observed that the basic plea of the applicants is that the entire Jammu & Kashmir of Police is one Unit and the official respondents were under obligation to prepare and maintain the common seniority list of SIs as well as Inspectors for both the Wings. CAT observed that the absence of Rules in the context of maintenance of seniority lists, at least when there is a convergence of two different categories, cannot be just or equitable. It would result in en bloc promotions of Inspectors of only one category to the post of Deputy Superintendent of Police at a given point of time to the detriment of the other categories.
With these observations CAT dismissed petitions and directed the Government to consider the feasibility of framing the Recruitment Rules for the posts of Sub Inspector and Inspector in various Wings of the Jammu & Kashmir Police as well as the Rules pertaining to the maintenance of common seniority list for Inspectors, duly maintaining proper ratio between Executive Wing and Armed Wing. The exercise, if undertaken, shall be completed within a period of three months from the date of receipt of a copy of this order. (JNF) |
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