25 Yrs On, Jammu & Kashmir High Court Directs Departmental Promotion Committee To Consider Promotion Of Cop Posthumously

The Jammu & Kashmir and Ladakh High Court has recently ordered the Home Department to constitute a fresh Departmental Promotion Committee (DPC) to consider the posthumous promotion of a late police officer to the rank of Assistant Commandant. The court's decision came after a prolonged legal battle spanning 25 years, in which the petitioner had sought rightful promotion and recognition for his service.

The petitioner, late Krishan Singh Jasrotia, began his service as a constable in the J&K Armed Police in 1961 and rose through the ranks to become an Inspector in 1988. Throughout his career, Jasrotia received numerous accolades and commendation certificates, with no adverse remarks recorded against him. However, a few remarks in his Annual Confidential Reports (ACRs) were initially considered adverse, but after representation, the adverse part was expunged.

In 1998, Jasrotia's non-inclusion in the list of promotees led him to approach the court through a writ petition, seeking promotion as Assistant Commandant. The court, in its judgment dated 6th July 2001, had directed a reevaluation of Jasrotia's case, emphasizing that "nothing adverse came to notice" and instructed the authorities to follow the prescribed procedure for recording secret notes in case of doubt or suspicion.

Despite the court's earlier directions, Jasrotia's claim was rejected again in 2001 based on the recommendation of the DPC, which graded his performance as "average." The petitioner challenged this decision in the present petition, contending that the authorities did not implement the previous judgment and failed to consider his outstanding performance and numerous awards.

Dealing with the matter at hand a bench of Justice Puneet Gupta found that there was no valid reason to assess Jasrotia's performance as "average" when his ACRs consistently reflected his his exceptional performance as "very good" or "outstanding."

“Apparently, there seems to be no good reason to record the performance of the petitioner as “average” even in the first DPC of 1997 more so when the performance of the petitioner is recorded in the ACRs of earlier five years as very good or outstanding”.

In view of the said findings the court quashed the 1998 communication rejecting the petitioner's claim and directed the official respondents to form a new DPC. This committee will reassess Jasrotia's case, taking into account the court's earlier directions, the rules governing promotions, and the petitioner's exemplary service record, the bench said.

Noting that the petitioner had retired in 2002 and passed away in 2014 during the pendency of the writ petition the court expressed its hope and trust that the authorities would earnestly reconsider his case and grant him the posthumous promotion he deserved.

“In case it is concluded by the respondents that the petitioner-late Krishan Singh Jasrotia is entitled to promotion as Assistant Commandant he shall be entitled to all the pecuniary benefits as a consequence of the same. The respondents shall pass the speaking order within a period of three months from the date copy of the judgment is received by the respondents”, the bench concluded while disposing of the plea.

Case Title: Sh. Krishan Singh Jasrotia (deceased) represented through LRs Bimla Devi and others Vs Union of India and others

Citation: 2023 LiveLaw (JKL) 173

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