Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Promotion - Out of turn promotion. Accelerated promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Promotion - Out of turn promotion I Accelerated promotion - State of Jammu & Kashmir - Shrine of Hazrat Shaikh Nooruddin Noorani in the town of Charare Sharif - Appellant was SHO, Chadoora Police Station, adjacent to the town of Charare Sharif - Destruction of Charare Sharif shrine in encounter between the Indian troops and armed militants who had laid siege to the shrine - Consequent violent attempts by unruly mobs to enter Charare Sharif through Chadoora - Claim of appellant that he displayed exemplary courage and patriotism as part of his official duties in containing the law and order situation - Placing reliance upon circular dated 6-3-1990 published by 'State of Jammu and Kashmir, he laid claim for out of turn promotion - Recommendations had been made by senior officers in respect of three police officials including the appellant -Appellant, however, denied out of turn promotion while the other two police officials given such promotion - Circular dated 6-3-1990 provided for accelerated promotion for Government employees whose performance in discharge of their duties and combating militancy was outstanding - Writ petition filed by appellant dismissed by High Court on the ground that the State Government vide subsequent Circular dated 6-1-2000 provided that out of turn promotion could be considered only for consistently exceptional performance on the· anti-militancy front - Meanwhile appellant was granted promotion in routine course - Whether promotion should be given to appellant from retrospective· effect from the date on which the other two police officials had been given out of turn promotion - Held: The decision of the Single Judge was based on Circular dated 6-1-2000 while the appellant's claim was under the earlier Circular dated 6-3-1990, in relation to incidents which had taken place prior to the promulgation of the Circular dated 6-1-2000 - Hence, appellant's claim for out of turn promotion require reconsideration in the light of the Circular dated 6-3-1990 and not the Circular dated 6-1-2000 - Case of appellant directed to be reconsidered in accordance with the Circular dated 6-3-1990, for the purpose of granting retrospective effect to the promotion already granted to him in routine course, and if such retrospective effect is given, to consider such other benefits that he may, thereafter, become entitled to in accordance with law. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2011 INSC 252 |
Petitioner | Mohammad Aftab Mir |
Respondent | State Of J & K & Ors. |
SCR | [2011] 5 S.C.R. 705 |
Judgement Date | 2011-03-31 |
Case Number | 2815 |
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