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| HC decides 3 petitions of Incharge DySPs | | | EARLY TIMES REPORT
JAMMU, December: 30 (JNF):- Three writ petitions filed by Javed Iqbal, Manzoor Hussain and Ahjaz Ahmed in the State High Court Jammu in which they submitted that J&K Home Dept accorded sanction to the placement of Eleven Inspectors of General Executive Cadre as I/C Deputy Superintendent of Police, in their own pay and grade with Charge Allowance, as admissible, for a period of six months or till such time, the posts were filled up on regular basis on the recommendations of DPC/PSC whichever was earlier vide Government Order No. Home-123(P) of 2010 dated February 2, 2010.
Javed Iqbal Naaz, Inspector of Police, figured at Serial No.11 of the List of the Officers placed as I/C Deputy Superintendent of Police indicating him to have been adjusted against the post reserved for persons belonging to the reserved category of persons residing in the area adjoining Actual Line of Control, ‘ALC’.
Aggrieved by the placement of Javed Iqbal as I/C Deputy Superintendent of Police, Manzoor Hussain and Ahjaz Ahmad, Inspectors of Police, approached this Court by their Writ Petitions seeking quashing of the Government Order, in so far as it adjusted Javed Iqbal against the post reserved for candidates belong to ALC category, besides a Command to the respondents to promote them as I/C Deputy Superintendent of Police under ALC category. Court on February 10, 2010 ordered kept in abeyance the Govt order dated February 4, 2010. Javed Iqbal too approached this Court by seeking directions against the State-respondents not to disturb his status as I/C Deputy Superintendent of Police ordered vide Government Order of 04.02.2010. Vide interim order dated March 15, 2010 Court directed State-respondents to maintain status quo with respect to his status.
Justice JP Singh of J&K High Court Jammu Wing after hearing the parties observed that The view taken by the State-respondents that a candidate belonging to more than one category shall be entitled to claim benefit of reservation in one category only as per his choice and the option so exercised was final, leaving no option to him to shift to another category which appears to him more beneficial is, therefore, found in line with the Scheme of the Jammu and Kashmir Reservation Act, 2004, warranting no interference therewith.
Javed Iqbal-petitioner, having taken benefit of the reserved category of Scheduled Tribe in securing employment as Sub-Inspector of Police and promotion as Inspector of Police, was not entitled to claim promotion/adjustment as Deputy Superintendent of Police under the reserved category of ALC.
Government Order No. Home-123(P) of 2010 dated February 4, 2010, in so far as it directs the adjustment of Javed Iqbal as I/C Deputy Superintendent of Police under ALC category, is, therefore, found illegal.
On the same analogy, Manzoor Hussain and Ahjaz Ahmad who had got appointment as Sub-Inspector and promotion as Inspector of Police against the posts reserved for Scheduled Tribe category, cannot stake claim for promotion or adjustment as Deputy Superintendent of Police against the Reserved category of ALC.
Petition filed by Javed Iqbal , is found to be without merit, hence dismissed, lifting the interim order dated March 15, 2010 and petitions filed by Manzoor Hussain and Ahjaz Ahmed are allowed quashing Government Order No. Home-123(P) of 2010 dated 04.02.2010, in so far as it pertains to the adjustment of Javed Iqbal-respondent as I/C Deputy Superintendent of Police against ALC category. The prayer Manzoor Hussain and Ahjaz Ahmed for issuance of Command to the State-respondents to promote/ adjust them as I/C Deputy Superintendent of Police against the post reserved for persons belonging to ALC category, is, however, declined. JNF
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