Jammu & Kashmir High Court rejects cop's plea seeking out-of-turn promotion for participating in Republic Day ceremony

The High Court of Jammu & Kashmir and Ladakh recently rejected a Head Constable's petition seeking out-of-turn promotion for having participated in Republic Day celebrations at New Delhi in 2014 [Bashir Ahmed Mastana V/s Union Territory of J&K].

The Division Bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri upheld the order of Central Administrative Tribunal (CAT), Jammu to dismiss the plea moved by police official Bashir Ahmed Mastana.

The Court said Mastana cannot seek parity with the nine officials, who were given out of turn promotion in 2003 in recognition of their outstanding performance by winning gold medals in 4th All India Police Band Competition held at Srinagar in 2002.

"The petitioner has only participated in the Republic Day Celebrations and there is nothing on record much less a certificate by the competent authority certifying outstanding performance of the petitioner in the aforesaid programme," it added.

It further noted that Mastana was only nominated to participate in the Republic Day celebrations in 2014 and was part of the team - consisting of persons from different departments, which was representing the Republic Tableau of the then State of Jammu and Kashmir.

Mastana's request for out-of-turn promotion had been earlier turned down by the Director General of Police on the ground that there was nothing on record to demonstrate that he had shown any outstanding performance as a part of Police Central Cultural Team.

The claim was also rejected on the ground that there was no parity between him and the nine officials who were given out of turn promotion in 2003 for winning gold medals in the 4th All India Police Band Competition.

The High Court agreed and said the grant of out-of-turn promotion in 2003 was a rare occasion as a team of J&K Police Band had won the competition and earned gold medals.

It was in recognition of their outstanding performance and for bringing laurels to the Jammu & Kashmir Police that they were granted out-of-turn promotions, the Court noted.

"The petitioner, who has only Participated in the Republic Day Celebrations that, too, in the year 2014 cannot seek parity with those, who were promoted in the year 2003 that, too, for a rare distinction which the said officials had brought to the Jammu & Kashmir Police," the Court said while dismissing the plea.

Senior Advocate MK Bhardwaj with M/s Gagan Kohli and Manik Bhardwaj, Advocates appeared for the petitioner.

Senior Additional Advocate General Monika Kohli appeared for the State.

[Read Judgment]