Kedar Singh vs State of M.P. and Others

Hon. Shri Justice Sujoy Paul

Brief facts necessary for adjudication of this matter are as under:- On 16.1.2008 the police party had an exchange of firing with the dacoits. Resultantly, one dacoit was killed. Narrating the entire incident, a recommendation for grant of out of turn promotion of petitioner was sent vide Annexure P-3 by S.P. Shivpuri on 19.4.2008. The S.P. sent yet another letter dated 24.4.2008 (Annexure P-1) whereby made a recommendation for out of turn promotion of the petitioner. However, the respondents selectively decided to promote only R-337 Arun Kumar.

A bare perusal of Annexure P-1 and P-3 shows that the degree of involvement and nature of performance in the said incident of bravery by the petitioner and Arun Kumar is exactly same. The following portion of the recommendation is reproduced for ready perusal:-

The respondents did not promote the petitioner and Bhupendra Singh and only promoted Arun Kumar. The petitioner was given cash award of Rs. 2000/- by Annexure R-4. The case of the petitioner is that he is exactly similarly situated qua Arun Kumar and there is no justification to keep him at bay and not extending the same benefit.

Per contra, Mrs. Patankar, learned Government Advocate submits that out of turn promotion is not a legal or constitutional right of the petitioner. By placing reliance on a Division bench judgment passed by Principal Seat in W.A. No. 33/07 (N.K. Parihar Vs. State of M.P. & Others), it is stated that promotions cannot be claimed as a matter of right and it depends upon attending circumstances, availability of vacancy etc.

A bare perusal of Annexure P-1 and P-3 shows that in the incident wherein petitioner, Arun Kumar and Bhupendra Singh were members of the police party, it is clear that their nature and degree of performance is exactly identical. The respondents in their return have not stated that petitioner was considered for out of turn promotion but either was not found fit or there were paucity of posts for his promotion. In the meantime, similar petition of Bhupendra Singh in W.P. No. 6263/09 (s) came up for hearing and is decided by this Court on 24.1.2012. Needless to mention that Bhpendra Singh and present petitioner are sailing in the same boat and are exactly similarly situated. This Court by taking into account the nature of recommendations in their favour, the provisions of Police Regulations and other relevant factors allowed the petition and directed the respondents to consider the case of the petitioner for grant of out of turn promotion in terms of Regulation 70-A of Police Regulations. The decision is directed to be taken before 30.4.2012. I find no iota of difference between the petitioner, Arun Kumar and Bhupendra Singh in the matter of their involvement and performance. Consequently, this petition is also allowed and it is directed that judgment in Bhupendra Singh (supra) will apply in this case also with full force. The respondents shall consider the case of the petitioner as well in the same line on or before 30.4.2012. No costs.