IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION No. 304 (S/S) of 2001 (Old No. 2905/1998) (Civil Misc. Application No. 2090 of 2006) 1. Surendra Singh S/o Sri Suchet Singh S.I., C.P. presently posted at P.S. Dalanwala, District Dehradun. 2. Tej Singh S/o Sri Bishambar Singh Head Constable, posted at P.S. Kotwali District Dehradun. 3. Dinesh Singh S/o Sri Harbir Singh Constable presently posted at out post Library P.S. Mussoorie District: Dehradun. 4. Satish Kumar S/o Sri Ram Rakshpal, Constable, presently posted at P.S. Clementown District Dehradun. 5. Asha Ram S/o Sri Bishambar Dutt Constable, presently posted at P.S. Cantt., District Dehradun. 6. Jagmohan Singh S/o Sri Chet Singh, Constable, presently posted at P.S. Kotwali District Dehradun. ………..Petitioners Versus 1. State of U.P., through Principal Secretary (Home), Govt. of U.P. Secretariat, Lucnow. 2. Director General of Police, U.P., Lucknow. 3. Dy. Inspector General of Police (Personnel), Police Headquarters, Allahabad. 4. Senior Superintendent of Police, Dehradun. 5. Jagbir Singh Atri, S.I., C.P. (now Inspector), Dehradun. 6. Constable 287 C.P. Devendra Kumar, (now Head Constable), Dehradun. 7. Constable 934 C.P. Kunwar Singh (now Head Constable), Dehradun. 8. Constable 564 C.P. Ramesh Chandra (now Head Constable), Dehradun. …….Respondents 02.03.2006 Sri Ramji Srivastava, learned counsel for the petitioners. Learned standing counsel for the respondents. Hon’ble Rajesh Tandon, J. Heard Sri Ramji Srivastav, Learned Counsel for the petitioners and Standing Counsel for the respondents. 2 By the present writ petition, the petitioners have prayed for a writ of certiorari quashing the order dated 02.10.1997 passed by respondent no.4 Senior Superintendent of Police, Dehradun and a writ of mandamus directing the respondents to give out of turn of one rank higher promotion to the petitioners. Briefly stated, the petitioners have claimed the promotion out of turn action of extraordinary work encourage by Government order dated 03.02.1994. The petitioners are in the Police department. Petitioner No.1 is Head Constable and rest of the petitioners are sub head constable work in the Police Department. On 14.05.1997, U.P. Police Head Quarter, Allahabad issued an order to S.S.P./S.P. of District Kanpur, Etawah, Faizabad, Gaziabad, Meerut, Allahabad, Dehradun and Commandant 45 Bn. P.A.C. Aligarh mentioning about the officers showing extra ordinary bravery and courage shall be given promotion out of turn one rank above on the ex-cadre post, in the aforesaid order dated 03.02.1994 as well as 25.04.1993 was also mentioned. Perusal of the order dated 14.05.1997 annexed as annexure 2 to the writ petition is quoted below : ^^ mi;qDr fo"k;d iqfyl eq[;ky; ds lela[;d vkns'k fnukafdr 04-08-96] 23-12-1996] 27-12-1996,oa 18-02-1997 dk d`Ik;k voyksdu djsaA ftlesa vkids tuin ds iqfyl dfeZ;ksa dk muds lkgfld dk;ksZa ds fy, vkmV vkÅ Vu izksUufr gsrq vuqeksfnr fd;k x;k gSA “kklukns”k la0 1666@N%&1&97&24@93 fn0 23-4-1947 }kjk dqy fu%loxhZ; inksa ¼ftlesa fujh{kd@uk0iq0 ds nks in eq[; vkj{kh@dk0iq0 ds 2 in eq[; vkj{kh ih0,0lh0 ds nks 2 in ½ ds l`tu dh vkSipkfjd “kkldh; Lohd`fr bl ÁfrcU/k ds lkFk Ánku dh xbZ gSA fd bruh gh la[;k esa laoxhZ; in vkR;fxr ¼vosUr½ j[ks tk;sxsa rc rd Hkjs ugha tk;sxsa tc rd fd fu%loxhZ in jgsxsaA fu%loxhZ in /kkjdksa dh laoxhZ; in ij fu;qfDRk ;k Js’B in ij inksUufr ds i”pkr~ Lor% lekIr gks tk;sxsaA fujh{kd @uk0iq0 ds nks inks ij ÁksUufr@fu;qfDr vkns”k iqfyl egkfujh{kd ¼dfeZ;ksa ds Lrj ls fuxZr fn;s tk;sxsaA 3 3- mDr in /kkjdks dks osru ds vfrfjDr “kklu }kjk le; le; ij Lohd`r vU; HkRrs tks fu;ekuqlkj vuqeU; gSA ns; gksxsa] iqfyl dfeZ;ksa dks vkmV vkÅ Vu ÁksUufr muds dk;ZHkkj xzg.k djus dh frfFk ls vuqeU; gksxkA eq[; vkj{kh in ij ÁksUufr ds QyLo:i iqfyl dfeZ;ksa dks vkxkeh gSM dkUl0 uk0iq0dksl0 ifj{k.k gsrq vius tuin ls d`Ik;k ;Fkk le; ukfer djsaA** The grievances of the petitioner is that as well order dated 27.05.1997 annexed as annexure 4 to the writ petition Sri Jagdish Singh Attri shall be given the out of turn promotion. Promotional orders are annexed as annexures 6 & 7 whereas the petitioner has been approved for out of turn promotion. While the rejecting of representation of petitioners that the petitioners are not covered under the out of turn promotion. Perusal of the orders shows, groups participated actively in apprehending the terrorist Kabul Singh who was ultimately killed in encounter in the exchange of fire. The S.S.P. has recommended the names of 4 personnels namely Davender Kumar, Const. Kunwar Singh and Ramesh who were in the first party handed by S.O. Jagdish Singh Attri vide his order dated 27.05.1997. The aforesaid order dated 27.05.1997 will show that the aforesaid persons of first party have been given out of turn promotion as in the said order the names of the petitioner and his personnel of 3rd party have been ignored to be mentioned. In the said order has neither mentioned the name of the petitioners nor mentioned that petitioner did not actually involved in the said attack of one Kabul Singh, order passed by the S.S.P. Dehradun. In these circumstances directed to reconsider this matter after taking into consideration, petitioners may be given the out of turn promotion while considering the representation of the petitioner, petitioner may be allowed to give the out of turn promotion. The petitioners is directed to submit a fresh representation within 10 4 days before the authority concerned, the authority concerned shall be disposed of within a period of 6 weeks from the date of production of certified copy of this order in accordance with law. Consequently, the writ petition is allowed. No order as to costs. (Rajesh Tandon, J.) 02.03.2006 Jainjain eer