Irshad Ali, J. - (1.) Heard Sri S.K. Verma, learned counsel for the petitioner, learned Additional Solicitor General of India for respondent nos. 1 to 4 and perused the material brought on record.
(2.) The petitioner is a Constable in the Central Reserve Police Force and is working at present at 121 Battalion, Kathua (Heera Nagar) in the State of Jammu and by means of the present writ petition, he is claiming the following relieves :- "(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the case of the petitioner under 10% unqualified promotion for Gallantry Award Winners under Rule 70 of the Central Reserve Police Force Rules 1995, from due date with all consequential service benefits. (ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the opposite party no.1 to take appropriate decision so far in respect of regarding out of turn promotion in the nature of the petitioner, which is referred by D.I.G. (Establishment), Directorate Central Reserve Police Force, New Delhi, vide letter dated 17.12.2008. (iii) Issue any other order or direction which is Hon'ble Court may deem fit and proper under the circumstances of the case. (iv) Allow the writ petition with costs in favour of the petitioner."
(3.) Learned Additional Solicitor General raised preliminary objection in regard to the maintainability of the writ petition before this Court and he relied upon a Full Bench judgment in the case of Rajendra Kumar Mishra v. Union of India and others, 2005 1 UPLBEC 108, 5 October, 2004.;