The High Court of Jammu & Kashmir and Ladakh has dismissed a petition from Head Constable Bashir Ahmed Mastana, who sought an out-of-turn promotion for his participation in the Republic Day celebrations in New Delhi in 2014 [Bashir Ahmed Mastana v. Union Territory of J&K].
A Division Bench, comprising Justices Sanjeev Kumar and Rajesh Sekhri, upheld the Central Administrative Tribunal (CAT), Jammu’s decision to reject Mastana’s plea. The court noted that Mastana could not claim equality with nine officials who received out-of-turn promotions in 2003 for their exceptional performance, having won gold medals at the 4th All India Police Band Competition in Srinagar in 2002.
The court stated, “The petitioner has only participated in the Republic Day Celebrations, and there is no record, let alone a certificate from a competent authority, certifying his outstanding performance in the event.” It further clarified that Mastana was merely nominated to represent a team from various departments, which showcased the Republic Tableau of the then State of Jammu and Kashmir.
Mastana’s request had previously been denied by the Director General of Police, who cited a lack of evidence showing any exceptional performance on his part while part of the Police Central Cultural Team. The court agreed with this assessment, emphasizing that the out-of-turn promotions granted in 2003 were exceptional, awarded for the significant achievement of winning gold medals.
The High Court concluded, “The petitioner, who only participated in the Republic Day Celebrations in 2014, cannot seek parity with those promoted in 2003 for a rare distinction that they brought to the Jammu & Kashmir Police.” As a result, the plea was dismissed.
Senior Advocate MK Bhardwaj, along with Advocates Gagan Kohli and Manik Bhardwaj, represented the petitioner, while Senior Additional Advocate General Monika Kohli appeared for the State.
