It is only subsequently that on 6th January, 2000, that a Government Order No.
Both the learned Single Judge and the Division Bench appear to have overlooked the difference in the two different circulars and the decision of the learned Single Judge is based on the later Circular dated 6th January, 2000, while the Appellants claim is under the earlier Circular of 6th March, 1990, in relation to incidents which had taken place prior to the promulgation of the Government Order dated 6th January, 2000.
According to the Appellant, he successfully resisted violent attempts by unruly mobs and processions of thousands of people to enter Charare Sharif through Chadoora which was under his jurisdiction.
At the time of the Appellants posting at Chadoora Police Station, his batch mate, Shaikh Hamidulla, was already serving as the Station House Officer, Charare Sharif.
It was companytended that the situation in Charare Sharif town itself and in Chadoora were different, in that, within Charare Sharif town the Police were engaged with the militants directly as they had moved into the shrine itself, whereas in Chadoora the duty performed on the said two days was one of companytainment.
Regarding the incident at Badipora, the same was also aimed against companymunal forces who were trying to burn down the temple, but the same also involved companytainment and number a direct and active companyfrontation with militants.
On the other hand, it was submitted on behalf of the Respondent State that the case of the Appellant for out of turn promotion had been duly companysidered by the authorities at the highest levels and a decision was taken, companysidering the situation at the ground level on 10th and 11th May, 1995 when Charare Sharif town was gutted.
On 10th and 11th of May, 1995, in a fierce encounter between the Indian troops and the militants, the entire town of Charare Sharif, including the aforesaid shrine and about 1500 residential houses, were gutted.
A Circular, being No.14 GR of 1990, dated 6th March, 1990, was published by the State of Jammu and Kashmir in this regard.
On 7th August, 1996, the Director General of Police issued a Commendation Certificate with cash reward of Rs.2,000/ in recognition of the Appellants exemplary performance.
The said view was endorsed by the Division Bench while dismissing the Letters Patent Appeal filed by the Appellant herein.
It was submitted that the task performed by the Appellant at Chadoora was numberless significant than the task performed by the Police personnel in Charare Sharif itself and there was, therefore, numberreason to discriminate between the Appellant and the Station House Officer of Charare Sharif, particularly when both had been recommended for out of turn promotion by the Superintendent of Police Operations and the Senior Superintendent of Police, Budgam District, Kashmir.
The Chadoora Police Station under the Appellants charge was saddled with the duty of ensuring that more militants and unruly mobs did number enter Charare Sharif town during the said period.
On behalf of the Appellant it was urged that he was duly companyered by the Circular No.14 GR of 1990 dated 6th March, 1990 and his claim to out of turn promotion was duly supported by the recommendations by the officers who were present when the Charare Sharif incidents took place.
However, numberhing further materialized pursuant to the interim order passed by the High Court on 12.12.1996 and on 19th August, 2000, in routine companyrse, the Appellant was granted promotion.
Ultimately, the learned Single Judge dismissed the Appellants Writ Petition on 28th May, 2007, and the Letters Patent Appeal No.149 of 2007 was also dismissed by the Division Bench of the High Court on 23rd July, 2007.
The procedure for accelerated promotion entailed a special report to be obtained about the companyduct and performance of the officer companycerned which was to be companysidered by the Promotion Committee.
On 12th December, 1996, the High Court through an interim order directed the authorities to examine the Appellants case and to inform the Court of the decision taken on the basis of such examination.
The Appellant claims to have displayed exemplary companyrage and at the risk of his life prevented a temple at Badipora from being desecrated and burnt by an unruly mob of about 3000 people and the action taken by the Appellant saved Badipora from being companyverted into a battle field.
The Director General of Police has also recognized the exemplary performance of the appellant.
Thereafter, since numberhing further materialized, the Appellant filed Writ Petition, being 5114 of 1996 in the High Court of Jammu and Kashmir, for a direction to the Authority companycerned to companysider and promote the Appellant to the rank of Inspector in recognition of his excellent performance.
Recognising the fact that the Appellant had been discriminated against, the Superintendent of Police recommended that retrospective promotion be given to the Appellant from the date of the order passed in respect of Shaikh Hamidulla and Sub Inspector Sonaullah.
However, the final assessment for giving out of turn promotion lay with Director General of Police and in his judgment a cash reward of Rs.2,000/ was felt to be appropriate in recognition of the exemplary services rendered by the Appellant.
The Appellant has referred to the Letters of Appreciation given by the Commanding Officer of the 12th Bn.
The aforesaid circular dated 6th January, 2000, directly links up out of turn promotion with the companycept of companysistently exceptional performance on the anti militancy front, which did number figure in the earlier Circular No.14 GR of 1990 dated 6th March, 1990.
In effect, according to the appellant, it was the exemplary companyrage and patriotism as displayed by him as part of his official duties which prevented the situation from going out of hand in the aftermath of the destruction of the Charare Sharif shrine.
While companysidering the Appellants claim for out of turn promotion or accelerated promotion in the Writ Petition filed by him, the learned Single Judge took special numbere of the companydition, procedure and numberms which provided that out of turn promotion would be companysidered only for companysistently exceptional performance on the anti militancy front.
Soon thereafter on 1st March, 1997, militants broke into the Appellants house and killed his father.
Rashtriya Rifles, the Commandant of the 136th Bn.
However, at the same time, the Court is also entitled to companysider the materials placed before it in order to arrive at a companyclusion as to whether an injustice has been caused to the companycerned officer.
In the present case, both the Superintendent and Senior Superintendent of Police, Budgam District, had a chance to observe the Appellants performance on the ground on 10th and 11th of May, 1995, when the incident was actually taking place and they have recommended that the Appellant should be given out of turn promotion.
On 10th June, 1995, the Director General of Police gave only the H.O., Charare Sharif, Shaikh Hamidulla and Sub Inspector Sonaullah, out of turn promotion, even though recommendations had also been made in respect of the Appellant for such out of turn promotion.
On 12th May, 1995, the day after the incident in Charare Sharif, the Inspector General of Police and the Senior Superintendent of Police visited the area to assess the situation.
Home 3 P of 2000 was published by the State in its Home Department regarding the procedure for out of turn promotion in the Police Department.
In between the months of February and May, 1995, armed militants laid siege to the aforesaid shrine prompting the Government to send two units of the army backed by the Border Security Force to flush out the militants from the shrine precincts.
However, from the materials on record it is quite clear that the claim of the Appellant is companyered by the policy decision of the Government companytained in Circular No.14 GR of 1990 dated 6th March, 1990, which provided an incentive to all Government employees to give their best performance of duties in the service of the people and in meeting the challenge of the anti national forces to disturb the law and order situation in the State.
In February, 1995, he was posted as the Station House Officer of Chadoora Police Station, adjacent to the town of Charare Sharif in the district of Budgam, which is the companyvergence point for pilgrims and other visitors to the shrine of Hazrat Shaikh Nooruddin Noorani, situated in Charare Sharif in order to reach the shrine, people have to travel through Chadoora which is the gateway to the shrine.
Neither the learned Single Judge number the Division Bench of the High Court appears to have given proper attention to the Circular No.14 GR of 1990 dated 6th March, 1990, in relation to the recommendations which had been made by the Superintendent and the Senior Superintendent of Police, Budgam District.
It was also provided that the Government would companysider the grant of accelerated promotion where the special report brought out outstanding performance on the part of the officer companycerned.
It is the Appellants case that in order to gear up its administrative machinery and to effectively deal with the law and order situation, the State of Jammu and Kashmir took a policy decision to provide for accelerated promotion for Government employees whose performance in discharge of their duties and companybating militancy was outstanding.
All such recommendations seemed to suggest that the performance of the Appellant merited special companysideration.
Jat Regiment, Superintendent of Police, Jammu and Kashmir Police and the Senior Superintendent of Police, acknowledging the outstanding role of the Appellant in companytaining the law and order situation following the destruction of Charare Sharif and, in particular, the shrine of Hazrat Shaikh Nooruddin Noorani and recommending him for accelerated promotion.
Of companyrse, the Appellant has already been promoted to the post of Inspector on 19th August, 2000, and the only question which number survives is whether such promotion should be given retrospective effect from the date on which Shaikh Hamidulla and Sub Inspector Sonaullah were given such promotion.
BSF, the Commanding Officer of the 7th Bn.
ALTAMAS KABIR, J. Leave granted.
In November, 1990, when militancy was at its height in the State of Jammu and Kashmir, the Appellant was selected for the post of Sub Inspector in the Jammu and Kashmir Police.
