State

I/C Dy SPs seeking promotion to next rank

golden yug
[ May 03, 2017 ] Justice Tashi Rabstan of Jammu Kashmir High Court Jammu Wing today in a significant order granted last and final opportunity to the Principal Secretary (Home), J&K Government to place on record the Action Taken Report (ATR) with regard to the directions contained in Govt. Order dated August, 2, 2016 whereby the State Government had constituted a Committee to look into the grievances of all those I/c DySsP (OPG) who are claiming regularization and their inclusion in the final seniority list of DySP and also their further placement as Selection Grade Deputy Superintendent of Police and further promotion to the post of Superintendent of Police.While expressing displeasure over the non-filing of the Action Taken Report by the Home Department, Justice Tashi Rabstan directed that in case the ATR is not filed as per the directions of this Court dated February, 14, 2017 then Principal Secretary (Home) J&K Government shall appear in person on the next date of hearing to explain his position.These court directions were passed in a petition filed by a large number of DySsP who are working on Incharge/OPG basis in the State Police and are claiming regularization of their services apart from their further placement as Selection Grade DySP and Superintendent of Police.When this petition came up for hearing Advocate Sheikh Shakeel Ahmed with Advocate Irfaan Mohammad Khan appearing for the petitioners drew the attention of the Court towards the order dated February, 14, 2017 whereby Principal Secretary (Home) had been directed to place on record the Action Taken Report with regard to the directions contained in Govt. Order dated 02-08-2016 by virtue of which a committee had been constituted to address the grievances of the DySsP working in the Police Department on Incharge/OPG basis.Advocate S.S. Ahmed further submitted that despite the categoric directions of this Court, the Principal Secretary (Home) has not placed on record the ATR in terms of the directions of the Court. He further submitted that the petitioners are working on Incharge basis as DySsP for the last several years without any service benefits and their juniors have scaled the march and are working as Superintendent of Police and on the other hand the petitioners are yet to be regularized as DySsP and moreover their names are yet to be included in the final seniority list of the DySsP. Advocate Ahmed further submitted that the Home Department has adopted a casual approach towards the petitioners and he vociferously prayed for the personal appearance of Principal Secretary (Home).At this stage Senior AAG W.S. Nargal appearing for Home Department produced a copy of communication dated April, 17, 2017 issued by Syed Yasir Farooq Under Secretary to Government, Home Department stating therein that the committee could not convene any meeting owing to unfavourable law and order situation in the Valley. The said communication was taken on record.Advocate S.S. Ahmed while responding to the said communication submitted that the said communication is merely an excuse to seek adjournment in the matter as directions of the Court were issued on February, 14, 2017 and moreover the offices were very much in Jammu and intentionally/deliberately the matter is being delayed. Senior AAG W.S. Nargal however prayed for some more time to comply the directions of the Court by filing the ATR.After considering the submissions of both the sides, Justice Tashi Rabstan while expressing displeasure over the dilatory tactics of the Home Department directed that in the interest of justice further six weeks’ time as last and final opportunity is granted to do the needful in terms of order dated February, 14, 2017 failing which Principal Secretary (Home) J&K Government shall appear in person in the Court on the next date of hearing to explain his position. Looking into the importance of the matter the court also directed the Registry to provide a copy of this order to Senior AAG W.S. Nargal for compliance.