Promote 208 eligible candidates as Dysps: CAT to J&K Police

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Promote 208 eligible candidates as Dysps: CAT to J&K Police

11/16/2022 11:15:22 PM

Early Times Report

Jammu, Nov 16: Central Administrative Tribunal has ordered that Police are at liberty to promote the eligible candidates in the department to the posts of DySP. However, the said promotion will be subject to the final outcome of the OA.
The applicants in OA No. 889/2022 have impugned the promotion order dated 28.4.2022 to the post of Dy. SP, J&K on a stop gap basis in their own pay and grade.
Basically the applicants have challenged the seniority list of 2019 in OA 241/2022 which is still pending before this Tribunal for final disposal.
Prior to that, a separate batch of candidates also challenged the said seniority list of 2019 before the CAT, Jammu Bench in TA 2 of 2020, TA 3 of 2020 and TA 4 of 2020 which are still pending for final disposal. This is fresh OA which has been filed by the similarly placed persons. Almost all applicants are common in OA 241/2022 and OA 889/2022.
CAT observed that the present OA came up for hearing before this Tribunal on 12.9.2022 and an interim order was passed in the following terms that “The respondents are directed not to promote any further candidates to the post of Deputy Superintendent of Police.”
CAT further observed that now counsel for the respondents/J&K Police has filed an MA No. 1025/2022 for vacation of stay passed by this Tribunal on 12.9.2022. Objection has been filed by the applicants in said MA.
During the course of hearing counsel for the respondents submits that due to the interim order passed by this Tribunal on 12.9.2022, the department is facing difficulties since there are 208 vacancies available for promotion and there are available candidates to be promoted to the next higher grade and non-promotion to the posts available is adversely affecting the working of the police force at supervisory and operational level. He submits that the applicants have not come with a clean hand since they have earlier filed OA 241/2022 which is still pending before this Tribunal for consideration and when they have not got a suitable order they have filed another OA 889/2022. The applicants in both the OAs are identical. They cannot file two OAs for same relief. On the other hand the applicants in the present OA submit that the applicants are senior to those who are being promoted. However, it is true that the earlier OA challenging the seniority list of 2019 is still pending for final disposal before appropriate Bench of CAT.
CAT after hearing both the sides observed that since the claim of the applicants is pending before this Tribunal by which seniority list of 2019 has been challenged, there is no stay operating against the respondents not to promote the eligible candidates. In view of above, the interim order passed by this Tribunal on 12.9.2022 is vacated. Respondents are at liberty to promote the eligible candidates in the department. However, the said promotion will be subject to the final outcome of the OA No. 889/2022.
The respondents are directed to file the counter affidavit as directed in the OA. List the said OA on the date already notified. JNF

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