Ram Avtar Sharma v. Union Of India

Honble Shri V.K.Majotra, Vice-Chairman (A) : Applicant is aggrieved by order dated 4.8.2003 whereby his request for grant of out of turn promotion has been denied.

2. Applicant was enlisted in Delhi Police as Constable w.e.f. 7.9.1982. He was promoted as Head Constable on 22.10.2000. Vide order dated 19.9.1999 his promotion as Head Constable was ante dated w.e.f. 1.10.1996 but it was treated as pro forma promotion from 1.10.1996 to 22.10.2000. Applicant was granted Asadharan Karya Puraskar (AKP) with cash award of Rs.3000/- for acts on 9.7.1998 and 7.4.1998. However, these awards were given on 25.9.1998 and 17.3.1999. Though the acts were performed in one year, i.e., 1998, the awards were given in 1998 and 1999. These awards were given in terms of circular dated 11.11.1996. The awards were available to the ranks of Constable, Head Constable and Assistant Sub Inspector. This privilege was discontinued by issue of a fresh circular dated 12.3.1999. Applicant has claimed that as he had performed extraordinary acts during one year, i.e., 1998, he was entitled to out of turn promotion in terms of circular dated 11.11.1996 to the rank of ASI.

3. The learned counsel of applicant stated that respondents had delayed applicants regular promotion as Head Constable. However, later on he was given pro forma promotion as Head Constable effective from 1.10.1996. In this light, he is entitled for out of turn promotion to the post of ASI w.e.f. 1998 on the basis of two extraordinary acts done in 1998. The learned counsel pointed out that applicants colleague Shri Surender Singh, Constable, was promoted to the rank of Head Constable on the basis of the same two extraordinary acts done in 1998. Respondents had accorded promotion to applicant in the rank of Head Constable not on the basis of these two extraordinary acts done in 1998 but in the normal course. Promotion to the rank of Head Constable in the normal course cannot be related to the out of turn promotion due to applicant on the basis of two extraordinary acts in 1998. As applicants pro forma promotion relates to 1.10.1996, he has to be granted next promotion on the basis of the two extraordinary acts done in 1998 in terms of circular dated 11.11.1996. As such, he is entitled for out of turn promotion from the rank of Head Constable to ASI from the date when Shri Surdner Singh was accorded promotion to the rank of Head Constable. The learned counsel relied upon order dated 8.1.2002 in OA No.50/2002 - Surender Singh v Union of India & Others, and order dated 2.1.2004 in OA No.1746/2003 - Satbir Singh v Union of India & Others.

4. The learned counsel of respondents on the other hand stated that as applicant had not actually performed the duties of Head Constable from 1.10.1996 to 22.10.2000 having been granted pro forma promotion only, his request for grant of out of turn promotion from the rank of Head Constable to ASI cannot be acceded to. She further stated that applicants colleague Shri Surender Singh was granted out of turn promotion to the level of Head Constable on the basis of two extraordinary acts. Similarly, as applicant held the position of a Constable only in 1998 when the two extraordinary acts were performed by him, he was entitled to promotion to the level of Head Constable only under the said circular. As applicant has already been promoted as Head Constable w.e.f. 1.10.1996, he is not entitled to any further promotion on the basis of the extraordinary acts performed in 1998.

5. We have considered the respective contentions made on behalf of parties.

6. In the case of Shri Surender Singh (supra) it was held that the case of AKP was required to be considered by the DPC in 1998 but the same was considered in 1999 and the award was given in 1999 relating to the work done by him in 1998. In these circumstances, it was directed in the interest of justice that respondents should consider his claim for promotion for the extraordinary acts performed by him during the year 1998. In the case of Satbir Singh (supra), it was held as follows: 11. The award is given for the extraordinary work done in a particular year and if it is done on two occasions in one year, he is entitled to be considered for an out of turn promotion. Obviously it is not dependent on the date of the decision when the reference is made. If, for any reason or administrative exigency, there is a delay it has not to be counted against the interest of the applicant. In result, the OA was allowed and it was directed that applicants claim should be considered in the light of the findings recorded in that case.

7. The findings and directions of the case of Surender Singh (supra) and Satbir Singh (supra) are squarely applicable to the facts and circumstances of the present case. It has not been denied by respondents that applicant had been accorded promotion to the rank of Head Constable in the normal course. As lot of delay had occurred in consideration of the case of applicant for normal promotion, ultimately he was granted pro forma promotion from back date. Applicant had not been granted out of turn promotion on the basis of extraordinary acts in terms of circular dated 11.11.1996. It is immaterial that applicant was working on the post of Constable at the time when the two extraordinary acts were performed by him in 1998. If his case for regular promotion had been considered at the appropriate time, he would have been accorded regular promotion as Head Constable on 1.10.1996. This consideration was accorded to him when he was accorded pro forma promotion w.e.f. 1.10.1996 although the actual promotion was made on 22.10.2000. In these circumstances, for all practical purposes, applicants claim for out of turn promotion in terms of circular dated 11.11.1996 has to be considered on the basis as if he was working as Head Constable in 1998 when the extraordinary acts were performed by him. The ratios of the cases of Surender Singh (supra) and Satbir Singh (supra) are squarely applicable to the facts and circumstances of the present case.

8. In result, we allow the present application and quash the impugned orders dated 4.8.2003. It is directed that the claim of applicant for out of turn promotion to the post of ASI should be considered from the date Shri Surender Singh was promoted to the post of Head Constable on out of turn basis in terms of the circular dated 11.11.1996. Respondents shall pass appropriate orders as above within a period of three months from the date of communication of these orders. No costs. ( Meera Chhibber ) ( V. K. Majotra ) Member (J) Vice-Chairman (A) /as/