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| DB orders status-quo on promotion of Inspectors of 1995, 1998 | | | EARLY TIMES REPORT
Jammu , May 25 : In a petition filed by 1995 batch of Sub-Inspectors challenging the judgment of Full Bench Central Administrative Tribunal whereby CAT dismissed the petition of Sub-Inspector Executive appointed in 1995 challenging the promotion of Sub Inspector Armed in 1998.
A Division Bench of Jammu & Kashmir High Court comprising Justice Tashi Rabstan and Justice Javed Iqbal Wani ordered that subject to objections from other side and till next date of hearing before the Bench, official respondents are directed to maintain the status-quo as it exists today.
A full bench of Central Administrative Tribunal on March 31, while dismissing the petition, 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. Against the judgment, a present petition was filed in High Court.
In the petition it has been submitted that recruitment to both the wings are conducted separately up to the level of Inspector and 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 applicants contend that in the combined seniority list of Inspectors, which is maintained for promotion to the post of Deputy Superintendent of Police (Dy. SP), the names of the Inspectors from EW as well as AW are arranged only on the basis of the date of promotion to the post of Inspector and in the process, the private respondents were placed above them en-block. They contend that the procedure adopted by the Government is contrary to Rule 172 of the Jammu & Kashmir Police Rules. According to them, the entire police of the State is one Unit and there was absolutely no basis for maintaining separate seniority lists for Inspectors, or for that matter SIs, of Executive Wing on the one hand and Armed Wing on the other.
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