- (1.) The appellants before this Court are police personnel in different ranks, who had moved the High Court claiming out of turn promotions in accordance with the government policy circulated by Office Memorandum No.665/VI- Police-1-24/93 dated 3rd February, 1994 . The said office memorandum visualised out of turn promotions to police personnel who had to their credit acts of exemplary courage and valour while on duty. According to the appellants, while their cases were recommended and were pending for finalization, on 7th June, 2014, another office memorandum bearing No.901/6 Police/1/14-500(8)/14 was issued terminating with immediate effect the arrangement made by the office memorandum dated 3rd February, 1994 and clarifying that henceforth the police personnel, for their courageous acts and deeds, will be awarded only cash prize(s).
(2.) Before the High Court, two principal prayers were made. The first was with regard to the validity of the Office Memorandum No.901/6 Police/1/14-500(8)/14 dated 7th June, 2014 and the second was for a direction to consider the cases of the writ petitioners for out of turn promotion. The learned Single Judge of the High Court hearing the matter without going into the validity of the office memorandum dated 7 th June, 2014, took the view that all cases of out of turn promotions where the courageous acts or acts of bravery were prior to 7th June, 2014, had to be finalized in the light of the office memorandum dated 3rd February, 1994. The Division Bench overturned the verdict rendered by the learned Single Judge by holding that as the practice of out of turn promotions had been expressely terminated by the subsequent office memorandum dated 7th June, 2014, the learned Single Judge had fallen into error in issuing the directions as noticed above.
(3.) Before us, Shri Jitendra Mohan Sharma, Ms. Vibha Datta Makhija, learned senior counsel and other learned counsels appearing for the appellants, have vehemently contended that the office memorandum dated 7 th June, 2014 cannot have any retrospective effect and must be applied prospectively. The cases of the appellants, therefore, should have to be considered in terms of the office memorandum dated 3rd Feburary, 1994. It has been further urged that the appellants have a right of fair consideration of their cases for out of turn promotion which needs to be enforced as has been done by the learned Single Judge of the High Court.;