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| DB directs Govt to promote Senior POs as CPOs | | | EARLY TIMES REPORT
Jammu, Nov 28
Division Bench of Jammu & Kashmir High Court Jammu responding to number of LPAs directed State respondents to affect the promotions in available vacancies of Chief Prosecuting Officers for which the available Senior Prosecuting Officers of 1998 Batch shall be considered, and it added consequent to such promotions effected to the posts of Chief Prosecuting Officers, the promotion of the Prosecuting Officers of 2004 to the post of Senior Prosecuting Officer shall also be considered.
Division Bench of Jammu & Kashmir High Court Jammu Wing comprising Chief Justice FM Ibarhim Kalifulla and Justice Virender Singh in number of LPAs directed State respondents to affect the promotions in available vacancies of Chief Prosecuting Officers up to 31 posts for which the available Senior Prosecuting Officers of 1998 Batch shall be considered, keeping the remaining two posts vacant available further orders in the appeal consequent to such promotions effected to the posts of Chief Prosecuting Officers, the promotion of the Prosecuting Officers of 2004 to the post of Senior Prosecuting Officer numbering 65 shall also be considered.
Division Bench made it clear that any promotion made pursuant to this order will only subject to the outcome of appeals and the seniority to be determined under rule 24 of J&K CSR/ CCA Rules or Rule 111 (2) of Police Manual based on the outcome of the appeals and further ordered that interim order staying the impugned judgment shall continue to operate.
While directing the state regarding promotions of CPO and Senior PO, the Division Bench after hearing battery of lawyers observed that the Court intend to permit the official respondents to effect certain promotions of CPO and Senior PO in as much as such promotions will not in any way affect the rights of the contesting private respondents whose grievance pertains to the fixing of the seniority either under Rule 24 of J&K CSR/CCA Rules or Rule 111 (2) of Police Manual Rules. By the Impugned order the Single Judge held that the seniority fixed by applying Rule 111 (2) of Police Manual is not valid and the seniority which was originally fixed under Rule 24 of J&K CSR/CCA Rules should stand restored.
AAG. Gagan Basotra appearing for the state respondents submitted that a on the date there are 33 vacancies of CPO, while there are 31 posts of Senior Prosecuting Officer of 1998 Batch who are waiting in queue for getting promotions. He also submitted that a sequel to any promotion made to the posts of Chief Prosecuting officer as many as 73 vacancies would arise for the posts of Senior Prosecuting Officer while there are 65 Prosecuting Officers of 2004 batch who get promotion in the said vacancies that would arise in the posts of Senior Prosecuting Officers.
Division Bench after taking note of the above factors, directed State respondents to affect the promotions of Chief Prosecuting Officers up to 31 posts and 65 Prosecuting Officers of 2004 batch to promoted as Senior Prosecuting Officer.
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