Muhammad Sirbuland Khan Vs K. Vijay Kumar and Anr. (Home Department) (RPSW/10/2015)

is seeking implementation of order dated 01.04.2015, passed by writ Court, whereby, respondents were directed to accord consideration to the petitioner’s promotion to the next higher level i.e Assistant Sub Inspector, having regard to the averments made in the petition, annexures appended thereto and the rules governing the field.

¶16

It is pertinent to mention here that the petitioner had sought promotion under Scheduled Tribe Category, regarding which he had produced a certificate issued by the Competent Authority. On 22.04.2015 a clarification was issued by the writ Court in respect of order dated 01.04.2015. The same reads as under:-

¶17

“1. It appears that petitioner was promoted as Assistant Sub Inspector under Scheduled Tribe Category vide order dated 16.03.2015. This order was neither brought to the notice of petitioner nor to the Court. This Court, therefore, assuming that petitioner was not being considered for promotion, directed respondents to accord consideration to petitioner’s promotion. As petitioner had been already promoted as Assistant Sub Inspector, the direction/order whereby SWP no.1091/2004 filed by petitioner was disposed of, was not required to be passed.

¶18

Lest the order dated 01.04.2015 prejudice petitioner’s claim for further promotion, it is made clear that the order shall not effect any change in the order of promotion which is earlier to the order passed, and anterior in point of time and also shall not prejudice his right to be considered for next higher promotion under applicable category that is likely to become due to petitioner.”

¶19

Pursuant to the aforesaid direction, the respondents have filed the compliance report. In their compliance report it has been submitted that case of the petitioner was examined in special DPC in July 2015 and while scrutiny it transpired that the petitioner stands promoted as SGCT in 1998 on his own turn (in absence of Scheduled Tribe Certificate) and as HC in the year 2003 (on his own turn) as he had not produced ST category Certificate. It has been further submitted that even if the petitioner would have been given ST benefit, he would have acquired 05 years experience for acquiring the minimum eligibility in the year 2003, when he was formally promoted as Head Constable, as such, the petitioner is not eligible for back date promotion as Head Constable because of lack of qualifying service. It has been further submitted that the petitioner got

¶20

CCP(S) No.451/2021 in RPSW No.10/2015 Page 2

¶21

benefit of Scheduled Tribe Certificate in the year 2013 at the time of his promotion as ASI by surpassing 400 odd officials. In this behalf order No.189 of 2015 dated 16.03.2015 has been issued by the respondents. It has also been submitted that the petitioner has further been promoted to the rank of SI vide order No.616 of 2019 dated 13.09.2021 w.e.f 27.07.2019.

¶22

In response to the statement of facts, the petitioner has submitted that he is entitled to promotion as a Selection Grade Constable against 5% quota of ST Category and, as such, judgment of the writ Court has not been complied with by the respondents.

¶23

Heard and considered.

¶24

If we have a look at the order of the writ Court, the respondents were only directed to accord consideration to petitioner’s promotion to the next higher level i.e ASI, having regard to the averments made in the writ petition which pertain to entitlement of his promotion under the ST Category. When it was brought to the notice of the writ Court that the petitioner had already been promoted to the rank of ASI under ST Category in terms of order No.189 of 2015 dated 16.03.2015, the writ Court directed that the same shall not prejudice the right of the petitioner to be considered for next higher promotion under applicable category.

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CCP(S) No.451/2021 in RPSW No.10/2015 Page 3

¶26

The respondents have now accorded promotion to the petitioner as SI w.e.f 27.07.2019. The grievance of the petitioner is that he should have been promoted to the post of Selection Grade Constable w.e.f 26.07.2005.

¶27

There was no direction from the writ Court to consider the case of petitioner for grant of promotion as Selection Grade Constable from a particular date. The only direction that was passed by the writ Court was with regard to consideration of promotion of the petitioner as ASI and it was clarified that once he has already been promoted to the said post, he shall be considered for the post of SI. This is what has been done by the respondents. Therefore, it cannot be stated that the respondents have violated any direction of the writ Court. If at all the petitioner has any grievance about the date from which he is required to be promoted to the post of SGCT, he is at liberty to avail the appropriate remedy, but in exercise of contempt jurisdiction, having regard to the nature of the order that has been passed by the writ Court, there is no scope for proceeding against the respondents.

¶28

The contempt proceedings are, accordingly closed and the petition shall stand disposed of.

¶29

(SANJAY DHAR)

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JUDGE

¶31

SRINAGAR 17.11.2025 Sarveeda Nissar

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Sarveeda Nissar CCP(S) No.451/2021 in RPSW No.10/2015 Page 4 I attest to the accuracy and authenticity of this document every page at bottom left side 19.11.2025 10:54

Muhammad Sirbuland Khan v. K. Vijay Kumar and Anr. (Home Department) (RPSW/10/2015)

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Muhammad Sirbuland Khan v. K. Vijay Kumar and Anr. (Home Department) (RPSW/10/2015)

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