Non-finalization of seniority of 400 Incharge DySPs
Excelsior Correspondent
JAMMU, Dec 27: Expressing displeasure over non-filing of the compliance report, High Court has granted last and final opportunity of four weeks to the Principal Secretary to Government, Home Department for finalization of seniority of over 400 incharge Deputy Superintendents of Police failing which he shall appear in person on next date of hearing.
When the contempt petition filed by Ashok Kumar Chib and Mohd Ibrahim, both DySPs, came up for hearing, Advocate Sheikh Shakeel Ahmed submitted that the court had issued directions to Principal Secretary Home and DGP to complete the process of finalizing the seniority of DySPs.
The court had also directed that in case needful is not done the Principal Secretary Home and DGP shall not make any promotion/Incharge arrangement/ placement to the higher posts—Selection Grade DySPs and SPs, if there is no legal impediment.
“Despite repeated opportunities the Principal Secretary Home Department has not filed the compliance report in terms of the order dated October, 4, 2019 whereby directions had been issued to place before the court the entire records pertaining to the decision taken by State Administrative Council regarding the finalization of the seniority of DySPs and also the issue pertaining to their regularization”, Advocate Ahmed said.
He further submitted that more than 400 DySPs are working on Incharge/OPG basis in J&K Police and many of the officers have already retired without their cases being sent to DPC for regularization and conferment of other service benefits.
“The services of these DySPs were utilized by the State Government on Incharge basis for several years without any monetary benefit to them and not only this their cases for regularization were kept pending for the reasons best known to the Government”, he further submitted.
He said that the process of regularization initiated by the Home Department is in piece meals and has been restricted to 5 to 7 I/c DySPs when the number of the aggrieved I/c DySPs is 400.
At this stage, AAG Raman Sharma submitted at the Bar that the grievance of the petitioners has been redressed as out of nine petitioners seven have been regularized and their seniority has also been settled. He further submitted that the contempt petition does not survive as the aggrieved officers are not before the court and the present contempt petition is just an academic exercise and needs to be dismissed.
Advocate Ahmed further submitted that out of 400 I/c DySPs, the grievance of only 07 have been redressed and for this reason the contempt petition deserves consideration of the court.
After hearing both the sides, Justice Tashi Rabstan, in the open court, expressed displeasure over the non-filing of the compliance report by the Principal Secretary Home in terms of order dated October 4, 2019.
On the request of AAG Raman Sharma, High Court granted last and final opportunity of four weeks failing which the court directed that the Principal Secretary Home Department shall appear in person.
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