Jammu & Kashmir High Court
Haq Nawaz vs B. R. Sharma Pr. Secy. Home And Another on 28 December, 2019
Author: Chief Justice
Bench: Chief Justice
Sr. No. 1
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CPSW No. 239/2012 in
[SWP No. 1628/2009]
IA(47/2014)
IA(75/2013)
Haq Nawaz ...Applicant/Petitioner(s)
Through :- Mr. Anuj Malhotra, Advocate vice
Mr. W. S. Nargal, Advocate.
V/s
B. R. Sharma Pr. Secy. Home and another .....Respondent(s)
Through :- Ms. Seema Shekhar, Sr. A. A. G.
Mr. Raman Sharma, A. A. G.
Coram: HON'BLE THE CHIEF JUSTICE
ORDER
01. By a judgment dated 25th November 2011, the petitioner's claim in SWP No. 1628/2009 for out of turn promotion on account of his contribution in security force operations against militants was accepted. It was directed as follows:
'So viewed, the writ petition is allowed and the respondents are directed to grant out of turn promotion to the petitioner from the rank of Inspector to Deputy Superintendent of Police w. e. f. 1998 having regard to the recommendations made by Superintendent of Police, Rajouri and accordingly Dy. Inspector General of Police, Poonch- Rajouri Range, with all the consequential benefits, on the lines such promotion has been given to Inspector Shri Mohan Lal Kaith as Dy. SP vide Govt. Order No. Home 159(P) of 2008 dated 11.5.2006 and other similarly situated Police Officers. The respondents shall comply 2 CPSW No. 239/2012 with the order within four weeks from the date copy of this order is served upon the respondent.'
02. A compliance report dated 18th November 2019 (Page-124) stands filed by the Principal Secretary (Home), Government of Jammu and Kashmir, placing on record the Government Order dated 25th September 2013 read with the order dated 19th December 2013 whereby sanction was accorded to the promotion of the petitioner as Dy. S.P. (out of turn) w. e. f. 08.06.1998 with consequential benefits from the said date.
03. It is further informed that the exercise for notification of the final seniority list of the Members of the Jammu and Kashmir Police (Gazetted) Service at the level of Dy. S. P.(s) as on 01.01.2000; as well as review w. e. f. 01.02.2002 to 01.07.2003 and regularization of In-charge Dy. SP(s) as Dy. SP(s) w. e. f. 01.07.2003 to 02.01.2009 stands also effected. It has been disclosed that in terms of the Government order dated 28.09. 2019 the seniority position of the petitioner at the level of Dy. S.P. has been fixed at S. No. 146. His date of promotion at the level of S.P. (S. No. 98) has been indicated as 08.06.2003 vide Government Order dated 28th September 2019.
04. As a result of the above, arrears would have become payable to the petitioner.
05. I am informed by Mr. Raman Sharma, learned Additional Advocate General, that this matter is also at an advanced stage of consideration and payment to the petitioner.
3 CPSW No. 239/2012
06. On request of Mr. Sharma, six weeks' time is granted to ensure payment of the arrears which according to the respondents are due and payable to the petitioner as a consequence of above promotion(s).
07. A compliance report shall be filed after paying arrears to the petitioner before the next date of hearing.
08. List on 12th February 2020.
(GITA MITTAL) CHIEF JUSTICE Jammu 28.12.2019 Sunita SUNITA KOUL 2019.12.30 10:17 I attest to the accuracy and integrity of this document