V.K.Shukla, J. - (1.) Petitioners have approached this Court requesting therein that they are also entitled for being accorded out of turn promotion on the basis of the act of bravery performed by them in the incident dated 11.05.2001.
(2.) Brief facts giving rise to instant writ petition is that on 11.05.2001 police received information that renowned criminal were hiding in this background raid was conducted and in order to nab them Station House Officer Jitendra Kumar Singh divided police team into three parties namely (a) First Party headed by S.H.O. Shri Jitendra Kumar Singh alongwith, Constable Naresh Singh, Constable Brij Pal Singh and Constable Madan Singh. (b) Second Party headed by S.I. Sri Alok Singh alongwith Constable Satya Naran Dahiya, Constable Kiran Pal Singh and Constable Om Pal Singh. (c) Third Party headed by S.I. Yashvir Singh Malik alongwith Constable Sunil Kumar, Constable Sukhram and Constable Yatindera Singh. Accused persons were asked to surrender by S.H.O. Jitendra Kumar Singh but instead of surrendering accused came out and opened fire on Alok Singh S.I. and thereafter he was killed and one accused ran away. Award of Rs. 50,000/- (fifty thousand) was distributed to the members of the police team who have participated in the said operation. Magisterial inquiry was got conducted in the matter and Magistrate concerned submitted its report on 17.07.2001 mentioning therein that in the said encounter which took place miscreant fired on police force and Alok Singh S.I. and Constable who were nearer to the miscreant narrowly escaped and therein it was also mentioned that each and every police officer who have participated have showed exemplary courage. For the purpose of according out of turn promotion recommendation was made qua second party comprising S.I. Sri Alok Singh alongwith Constable Satya Naran Dahiya, Constable Kiran Pal Singh and Constable Om Pal Singh by the Senior Superintendent of Police. After the said recommendation was made Deputy Inspector General of Police, Meerut Zone Meerut also made recommendation and same was thereafter was forwarded by the Inspector General of Police before the Committee constituted for considering the matter for providing out of turn promotion. Said Committee on 22.02.2002 recommendation for according out of turn promotion to S.I. Sri Alok Singh alongwith Constable Satya Naran Dahiya, Constable Kiran Pal Singh and Constable Om Pal Singh. Petitioners submit that they have also showed exemplary courage and their claim be also liable to consider for according out of turn promotion as their role in the entire incident played is equal and no less inferior to the role performed by S.I. Sri Alok Singh alongwith Constable Satya Naran Dahiya, Constable Kiran Pal Singh and Constable Om Pal Singh.
(3.) Supplementary affidavit, counter affidavit, rejoinder affidavit have been filed and apart from this record on the basis of which member of second party have been accorded out of turn promotion has also been produced and thereafter with the consent of the parties present writ petition is being heard and finally decided.;