Santosh Kumar Bobonga vs The State Of Jharkhand
2024 Latest Caselaw 10405 Jhar

Jharkhand High Court

Santosh Kumar Bobonga vs The State Of Jharkhand on 14 November, 2024

Author: Deepak Roshan

Bench: Deepak Roshan

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      W.P.(S) No. 1600 of 2024
                               --------
Santosh Kumar Bobonga, aged about 39 years, son of Sri. Chandra Mohan
Bobonga, resident of 149-Khjuriya, PO+PS-Goilkera, District-West-
Singhbhum-833103, Jharkhand                            ... Petitioner

                                   Versus
1. The State of Jharkhand
2. Director General of Police, Jharkhand, having his office at Police
Headquarter, PO-Dhurwa, PS-Jagarnathpur, District-Ranchi
3. Police Inspector General (Human Rights), having his office at Police
Headquarter, PO-Dhurwa, PS-Jagarnathpur, District-Ranchi
4. Deputy Inspector General of Police, Jharkhand Armed Police (JAP),
having his office at Raja-Rani Kothi, Doranda, PO & PS-Doranda,
District-Ranchi
5. CO Commanding Officer, SISF having his office at Raja-Rani Kothi,
Doranda, PO & PS-Doranda, District-Ranchi          ... ... Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioner        : Ms. Swati Shalini, Advocate
For the Respondents       : Mr. Binit Chandra, AC to AAG-III
                                  --------

                           JUDGMENT

CAV On 19/09/2024 Pronounced On 14/11/2024

The instant writ application has been preferred by the petitioner praying for a direction upon the respondent-authorities to promote the petitioner from his current post of Constable to Head Constable and thereafter from Head Constable to the next promotional post i.e. of Sub-Inspector, giving him out of turn promotion from the date of winning the Gold Medal in 67th All India Police Wrestling Cluster Championship, 2018 held at Jaipur, Rajasthan from 27.02.2019 to 03.03.2019 and again winning the Gold Medal by securing first position in 71st All India Police Wrestling Cluster Championship, 2022 held at Pune from 14.11.2022 to 20.11.2022 in the light of police order issued by Director General of Police-cum-Inspector General of Police vide Letter No.

879/G dated 09.09.2011 vide which Police Order No. 219A/90 X.P by Director General of Police and Inspector General of Police, Bihar was amended as well as incorporated in the State of Jharkhand which clearly speaks about the out of turn promotion to be considered and given to the players and Coaches of Jharkhand Police who has represented the country in sports or has participated in All India Games for at least two terms or has bagged trophy in Regional Police Sports Tournament/Competition and also for the Jharkhand Police Team who won Gold Medal in All India Police Games.

2. The grievance of the petitioner is that he has not been given out of turn promotion as per the Police Order 219A/90 X.P issued by Director General of Police, Bihar, inasmuch as, this policy has been adopted by the State of Jharkhand vide Letter No. 879/G dated 09.09.2011 issued by the office of Director General of Police and Inspector General of Police, Jharkhand.

3. It has been submitted by learned counsel for the petitioner that the petitioner entered into the service as Constable in the State Industry Security Force under Jharkhand Police on 01.02.2012 and is still working as a Constable. He participated in 67th All India Police Wrestling Cluster Championship, 2018 and has won first position (Gold). Thereafter, he again won first position (Gold) when he represented in the year 2022 in 71st All India Police Wrestling Cluster Championship, 2022 held at Pune.

Learned counsel further submits that in view of the Police Order 219A/90 X.P issued by the Director General of Police, Bihar which has been adopted by the State of Jharkhand vide Letter dated 09.09.2011 the petitioner is entitled for out of turn promotion from the post of Constable to Head Constable and thereafter from Head Constable to the next promotional post i.e. Sub-Inspector in view of the fact that petitioner has been awarded Gold Medal and as per the Police Order he was entitled for out of turn promotion.

4. Ms. Swati Shailini, learned counsel representing the petitioner

further submits that similarly situated persons have been provided with out of turn promotion in the light of Police Order 219A/90 from the date of their winning of medals; the details of which has been given in para nos. 15 and 16 of the writ application. As such, the petitioner is also entitled for out of turn promotion.

5. Mr. Binit Chandra, learned counsel for the respondents relying upon Memo No. 1028/G (Annexure-A) dated 17.07.2023 contended that the petitioner is not entitled for the out of turn promotion as the new scheme has come into force from 17.07.2023 and in the light of such scheme he is entitled only for annual increments for winning of each of his Gold Medals.

It has been further contended by learned counsel for the respondents during course of argument that the petitioner has won the Gold Medal in all India Police Wrestling Cluster Championship and hence the same cannot be treated as a National Game to come in the ambit of Letter dated 09.09.2011 issued by the Director General of Police.

6. Having heard learned counsel for the parties and after going through the documents available on record it appears that in Memo No. 1028/G dated 17.07.2023 (Annexure-A) which has been heavily relied upon by the counsel for the respondents; the very opening line is the admission by the respondents that till the notification dated 17.07.2023, there was a provision for grant of out of turn promotion for the excellent performance by the employees of Jharkhand Police in the National Sports Event.

From bare perusal of the aforesaid memo dated 17.07.2023, it is evident that the same is prospective in nature and admittedly the petitioner has won the Gold Medal in the year 2018 and 2022 i.e. prior to the issuance of notification dated 17.07.2023 and as per the settled proposition of law; any benefit/action would be governed by the existing rule which was in vogue at the relevant time.

7. In the instant case, the existing Rule for the award was the

Police Order 219A/90 X.P issued by the Director General of Police, Bihar; which was adopted by the State of Jharkhand vide Letter No. 879/G dated 09.09.2011 issued by the Director General of Police and Inspector General of Police, Jharkhand.

8. So far as second limb of argument of the respondents' counsel that the Gold Medal won by the petitioner in All India Police Wrestling Cluster Championship cannot be treated as a National Game is concerned; it is observed that this is beyond the pleadings and the grounds taken by the respondents in the counter affidavit.

Further, the second paragraph of letter dated 09.09.2011 which has adopted the Police Order 219A/90 X.P clearly indicates that the out of turn promotion to be considered and given to the players and Coaches of Jharkhand Police who has represented the country in sports or has participated in All India Games for at least two terms or has bagged trophy in Regional Police Sports Tournament/Competition and also for the Jharkhand Police Team who won Gold Medal in All India Police Games. Thus, this Court is having no hesitation in holding that the Police Order 219A/90 X.P is specifically for grant of out of turn promotion for the Jharkhand Police who won the Gold or performed exceptionally good in All India Police Games and the same will be applicable to the petitioner and not the impugned Memo No. 1028/G dated 17.07.2023 (Annexure-A), which is prospective in nature.

9. At this stage, it is also pertinent to mention here that the pleadings with regard to giving the same benefit to the similarly situated persons have not been denied by the respondents.

10. Having regard to the aforesaid discussions, this Court holds that since the petitioner won two Gold Medals; one in the year 2018 and another in the year 2022; as such he is entitled for the out of turn promotion from the post of Constable to Head Constable and thereafter from Head Constable to the post of Sub-Inspector. At the cost of repetition, memo dated 17.07.2023, is prospective in nature. Further, similarly

situated police personnel, the details of which has been given in para nos. 15 and 16 of the writ application has not been denied either in the counter affidavit or during course of argument and admittedly; the petitioner had won the Gold Medals in the year 2018 and 2022 respectively and as per the settled proposition of law, the petitioner would be governed by the policy which was in vogue at the time of entitlement.

11. As a result, the instant writ application stands allowed. The Respondents are directed to issue necessary order for out of turn promotion to this petitioner. It goes without saying that the entire exercise of issuance of the formal order of promotion shall be completed within a period of ten weeks from the date of receipt/production of copy of this order.

(Deepak Roshan, J.)

Jharkhand High Court, Ranchi Dated: 14 /11 /2024 Amit AFR/NAFR