MOHAMMAD AFTAB MIR versus STATE OF J & K & ORS.

Citation: [2011] 5 S.C.R. 705 · Decided: 31-03-2011 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2011] 5 S.C.R. 705 
MOHAMMAD AFTAB MIR 
v. 
STATE OF J & K & ORS. 
(Civil Appeal No. 2815-2816 of 2011) 
MARCH 31, 2011 
[ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.] 
Service Law - Promotion -
Out of turn promotion I 
Accelerated promotion - State of Jammu & Kashmir - Shrine 
A 
B 
of Hazrat Shaikh Nooruddin Noorani in the town of Charare 
C 
Sharif - Appellant was SHO, Chadoora Police Station, 
adjacent to the town of Charare Sharif - Destruction of Charare 
Sharif shrine in encounter between the Indian troops and 
armed militants who had laid siege to the shrine - Consequent 
violent attempts by unruly mobs to enter Charare Sharif D 
through Chadoora - Claim of appellant that he displayed 
exemplary courage and patriotism as part of his official duties 
in containing the law and order situation - Placing reliance 
upon circular dated 6-3-1990 published by 'State of Jammu 
and Kashmir, he laid claim for out of turn promotion -
E 
Recommendations had been made by senior officers in 
respect of three police officials including the appellant -
Appellant, however, denied out of turn promotion while the 
other two police officials given such promotion - Circular 
dated 6-3-1990 provided for accelerated promotion for F 
Government employees whose performance in discharge of 
their duties and combating militancy was outstanding - Writ 
petition filed by appellant dismissed by High Court on the 
ground that the State Government vide subsequent Circular 
dated 6-1-2000 provided that out of turn promotion could be 
G 
considered only for consistently exceptional performance on 
the· anti-militancy front - Meanwhile appellant was granted 
promotion in routine course - Whether promotion should be 
given to appellant from retrospective· effect from the date on 
705 
H 
706 
SUPREME COURT REPORTS 
(2011] 5 S.C.R. 
A which the other two police officials had been given out of turn 
promotion - Held: The decision of the Single Judge was 
based on Circular dated 6-1-2000 while the appellant's claim 
was under the earlier Circular dated 6-3-1990, in relation to 
incidents which had taken place prior to the promulgation of 
B the Circular dated 6-1-2000 - Hence, appellant's claim for out 
of turn promotion require reconsideration in the light of the 
Circular dated 6-3-1990 and not the Circular dated 6-1-2000 
-
Case of appellant directed to be reconsidered in 
accordance with the Circular dated 6-3-1990, for the purpose 
c of granting retrospective effect to the promotion already 
granted to him in routine course, and if such retrospective 
effect is given, to consider such other benefits that he may, 
thereafter, become entitled to in accordance with law. 
Appellant, a Sub-Inspector in the Jammu and 
D Kashmir Police, was posted as the Station House Officer 
of Chadoora Police Station, adjacent to the town of · 
Charare Sharif where the shrine of Hazrat Shaikh 
Nooruddin Noorani is situated. In 1995, armed militants 
laid siege to the aforesaid shrine whereafter a fierce 
E encounter took place between the Indian troops and the 
militants, on account of which the entire town of Charare 
Sharif, including the aforesaid shrine and about 1500 
residential houses, were gutted. This triggered off violent 
protests all over Kashmir and, in particular, in the nearby 
F areas from where enraged citizens started marching 
towards Charare Sharif. 
The appellant claims to have displayed exemplary 
courage and at the risk of his life prevented a temple from 
G being desecrated and burnt by an unruly mob of about 
3000 people and saved the city from being converted into 
a battle field. According to the appellant, he successfully 
resisted violent attempts by unruly mobs and 
processions of thousands of people to enter Charare 
H 
MOHAMMA[) AFTAB MIR v. STATE OF J & K & ORS. 707 
Sharif through Chadoora which was under his A 
· jurisdiction. In effect, according to the appellant, it was 
the exemplary courage and patriotism as displayed by . 
. him as part of his official duties which prevented the 
situation from going out of hand in the aftermath of the 
destruction of the Charare Sharif shrine. It is the 
B 
appellant's case that in order to gear up its administrative 
machinery and to effectively deal with the law and order 
situation, the State of Jammu and Kashmir took a policy 
decision to provide for ~ccelerated promotion fol' 
Government employees whose performance in discharge c 
of their duties and combating militancy was outstanding. 
A Ci

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