news details |
|
|
| Appointment of Police Sub-Inspectors DB upholds judgment of Writ Court | | |
EARLY TIMES REPORT
Jammu, Feb17: A Division Bench of Jammu and Kashmir High Court, Jammu Wing today upheld the judgment of writ court passed on November 20, 1998 by directing the State Police Department to treat petitioners appointed against the post of Sub-Inspector in the executive armed police.
The Divisional Bench comprising Chief Justice Barin Ghosh and Justice Ghulam Hasnain Massodi also asked the department to extend them the benefits of promotion notionally, taking the date of their first appointment for the purpose of seniority.
The writ Court clarified that the petitioners shall not be entitled to any monetary benefit in terms of the arrears of the pay and other allowances.
The present appeal was filed in the year 2000, the appellate, at no stage, during the pendency of appeal stayed implementation of judgment; as a result judgment has been implemented.
The petitioners who came to be appointed as ASI on August 17, 1982 were treated to have been appointed Sub-Inspectors from August 17, 1982.
The counsel for appellant has candidly confessed that he is not in a position to produce any record to substantiate the contentions of the appellant, as was put forward in its counter affidavit pertaining to selection. When the appeal was pending by a communication dated November 4, 2008, DIG Jammu Range, informed the DGP that records have been destroyed in the year 2002.
The Bench after hearing Additional Advocate General, Jagdish Parihar appeared for the appellant DGP whereas senior Advocate M K Bhardwaj with Advocate Ajay Abrol appears for the respondents, observed that the only point survives for consideration, is delay on the part of petitioners in approaching the Court.
There cannot be any dispute that on accepting offer given to the petitioners for appointment to posts of ASI, the petitioners represented that they may be appointed as such, though had responded to an advertisement for being appointment as Sub Inspectors.
Taking into consideration all the observations, the Division Bench dismissed the appeal filed by Director General of Police challenging the judgment of Writ Court passed on November 20, 1998. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
