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| 3 Incharge DySP seek out of turn promotion | | HC directs DGP to consider case by passing a speaking order | |
EARLY TIMES REPORT
Jammu, May 26- The Jammu and Kashmir High Court today directed the petitioners to file a detailed representation before the Director General Police who shall consider and dispose the same by passing a speaking order within a period of three months.
This direction was passed by Justice Nirmal Singh of J&K High Court Jammu Wing on a petition filed by M/S Tejinder Singh, Shiv Kumar Chouhan and Kulwant Singh Jasrotia presently Incharge DySP seeking out of turn promotion.
After hearing both the sides, Justice Singh observed that in view of the statement made by Additional Advocate General SC Gupta and also keeping in view the facts their case was recommended by the respondent DGP and also that the petitioners were assured regularization of their services with effect from the date they were holding the post of Dy SP Incharge capacity subject to availability of post. The Court disposed off the petition with a direction that petitioners shall file a detailed representation before DGP who shall consider and dispose off the same by passing a speaking order within a period of three months from the date copy of this order along with the representation, if any, is filed by the petitioners. In case it is found that the vacancies were available on the date, the petitioners were given the charge of the post in Incharge capacity, and then their claims for regularization of their services against the said post shall be considered from the date they were placed as Incharge DySP.
The petition filed by the petitioners through Advocate KK Pangotra and SK Raina in which it has been submitted that despite the earlier direction passed by the High Court to DGP the claim of the petitioners for out of turn promotion has not been considered. It was submitted that petitioner No 1 and 2 are performing duties as DySP with effect from June 1997 and petitioner No 3 is performing the duties as DySP from October 1997. It is further submitted that the respondents are under legal obligation, in terms of the policy decision contained in circular No 14-GR of 1990 dated March 6, 1990, to grant out of turn promotions to the petitioner as DySP from the date they are holding the charge as such. They also submitted that the similarly situated persons have been given out of turn promotion as DySP whereas the petitioners are left out in this regard; reliance is being placed on the case M/S Sewa Singh Mankotia Additional SP, Rashid Baba SP (Retd), Sheikh Mehmood SP, Sunil Dutt SP and Mohan Lal Kaith DySP. The counsel for the petitioners have also placed reliance whereby respondent DGP recommended the petitioner Tejinder Singh and Shiv Kumar Chouhan for regularization as DySP on operational grounds. It is further stated that while rejecting the case of the petitioners, the petitioners were assured that they would be regularized under rules on the recommendation of PSC from the dates vacancies were available.
SC Gupta Additional Advocate General appearing for the respondents made a statement at the bar that the respondents will have no objection in reconsidering the claim of the petitioners on the analogy of similarly situated officers whose names have been referred in the petition. JNF
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