SHABIR HUSSAIN BABA vs HOME DEPARTMENT

ITEM 03 1 OA 1158 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR
O.A. 1158/2026
st
Date of Order: 21 October, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)

Shabir Hussain Baba, aged 37 years, S/o Mohd. Yousuf
Baba, R/o New Colony, Zadibal, Srinagar, Jammu &
Kashmir, SPO No. 2072/SPO, presently posted at DPL
Srinagar.
……Applicant
By Advocate :
Ms. Asma Rashid along with Ms. Humaira Nabi
VERSUS
1. Union Territory of Jammu & Kashmir, through its
Chief Secretary, Civil Secretariat, Srinagar/Jammu.
2. Principal Secretary to Government, Home Department,
Civil Secretariat, Jammu/Srinagar.
3. Director General of Police, Jammu & Kashmir, Police
Headquarters, Jammu & Kashmir.
4. Inspector General of Police, Kashmir Zone, Srinagar.
5. Deputy Inspector General of Police, South Kashmir
Range, Anantnag.
6. Senior Superintendent of Police, Srinagar.
7. Senior Superintendent of Police, Kulgam.
8. Senior Superintendent of Police, Anantnag.
..….Respondents
By Advocate :-
Mr. Rais Ud Din Ganaie, DAG
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 12:49:37+05'30'
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ITEM 03 2 OA 1158 OF 2026

O R D E R (ORAL)

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Learned counsel for the applicant submits that the
applicant has been serving as a Special Police Officer
(SPO) in the Jammu & Kashmir Police since 2017 and has
discharged his assigned duties with dedication and
commitment. The applicant initially served in District
Srinagar and participated in anti-militancy operations.
Subsequently, he was attached to District Kulgam by the
Inspector General of Police, Kashmir Zone, vide order
dated 07.02.2022 for operational duties.
02. It is further submitted that, while posted in District
Kulgam, the applicant participated in the anti-militancy
operation conducted at Korel Manzgam on 11.04.2022.
His participation in the said operation is stated to be
substantiated by the relevant daily diary extracts, the
nominal roll of the personnel who participated in the
operation on 11–12.04.2022, and the police
communication dated 01.09.2025 confirming his
participation. Copies of the relevant records have been
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 12:49:37+05'30'
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ITEM 03 3 OA 1158 OF 2026

annexed to the Original Application.
03. Learned counsel further submits that, in recognition of the
applicant’s services and participation in the aforesaid
operation, his case, along with those of other SPOs, was
recommended for conversion as Constable. The citation in
his favour was forwarded by the Senior Superintendent of
Police, Kulgam, vide Letter No. CS/Korel
Manzigam/2022/2085-86 dated 31.08.2022. The
recommendation was thereafter endorsed by the Deputy
Inspector General of Police, South Kashmir Range, and
forwarded to the Additional Director General of
Police/Zonal Police Headquarters, Kashmir, vide Letter
No. CS/Rwd-442/Kgm/2022/8073-74 dated 15.09.2022.
The applicant’s case was subsequently recommended by
the Inspector General of Police, Kashmir Zone, and
forwarded to Police Headquarters for necessary action.
04. It is the grievance of the applicant that, while his case was
being processed at Police Headquarters, three other Special
Police Officers, were converted as Constables and two
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 12:49:37+05'30'
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ITEM 03 4 OA 1158 OF 2026

police personnel were granted out-of-turn promotion,
whereas the applicant was excluded from the final list
without any justification or communication of reasons.
The applicant submits that the aforesaid personnel have
since joined as Constables, while no order regarding his
conversion has been issued despite the recommendations
made in his favour through the official channel.
05. Learned counsel further submits that the applicant
continued to discharge his duties diligently and also
participated in an anti-militancy operation at Halkhan
Gali, Kokernag, District Anantnag, in 2024, wherein two
terrorists were eliminated. It is stated that the applicant’s
case was thereafter again recommended for conversion as
Constable by the Senior Superintendent of Police,
Anantnag; however, the said recommendation was also
declined, and the reasons for such decision were not
communicated to him.
06. It is further submitted that the applicant approached the
Director General of Police, Jammu & Kashmir, by way of
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 12:49:37+05'30'
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ITEM 03 5 OA 1158 OF 2026

a detailed representation dated 18.03.2026, seeking
reconsideration of his claim in view of his service record,
participation in anti-militancy operations and the
recommendations made in his favour. However, his
grievance has not been redressed. The applicant has also
placed on record a copy of the disability certificate dated
22.08.2023 pertaining to his sister, who is stated to be
permanently disabled, and has pleaded that he belongs to a
financially weak family and is the sole breadwinner
supporting his aged parents and sister.
07. On the basis of the aforesaid facts, the applicant has
challenged the action and inaction of the respondents as
arbitrary and discriminatory, particularly in view of the
benefit of conversion allegedly extended to other similarly
situated SPOs. It is contended that the applicant’s case,
supported by departmental recommendations and official
records, requires fair and objective consideration in
accordance with the applicable policy, rules and eligibility
criteria. The applicant has, therefore, sought production of
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 12:49:37+05'30'
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ITEM 03 6 OA 1158 OF 2026

the complete departmental record relating to his
recommendations and the decision taken at Police
Headquarters, reconsideration of his claim for conversion
as Constable, communication of the reasons for his
exclusion from the final list and for declining his
subsequent recommendation, and grant of appropriate
consequential relief, if found entitled to the same under
law.
08. However, after arguing the matter for some time, learned
counsel for the applicant submits that the ends of justice
would be adequately served if the present Original
Application is disposed of with a direction to the
respondents to treat the same as a representation and
consider the applicant’s claim for conversion as
Constable, in light of the recommendations made in his
favour through the official channel, particularly Letter No.
CS/Rwd-442/Kgm/2022/8073-74 dated 15.09.2022, the
subsequent recommendation stated to have been made by
the Senior Superintendent of Police, Anantnag, the
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 12:49:37+05'30'
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ITEM 03 7 OA 1158 OF 2026

relevant official record concerning his participation in
anti-militancy operations, and the treatment accorded to
similarly situated SPOs, along with the documents
annexed to the Original Application, strictly in accordance
with law.
09. Mr. Rais Ud Din Ganaie, learned Deputy Advocate
General (DAG), appearing pursuant to the advance notice
served by learned counsel for the applicant, submits that
the present Original Application may be disposed of with
appropriate directions, without prejudice to the rights and
contentions of the respondents.
10. Heard learned counsel for the parties and perused the
record.
11. Having considered the submissions made at the Bar and
the material placed on record, this Tribunal is of the
considered opinion that no useful purpose would be
served by keeping the present Original Application
pending, particularly in view of the limited prayer made
on behalf of the applicant.
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 12:49:37+05'30'
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ITEM 03 8 OA 1158 OF 2026

12. Accordingly, without expressing any opinion on the
merits of the controversy, the present Original Application
is disposed of with a direction to the respondents to treat
the same as a representation and consider the applicant’s
claim for conversion as Constable, including his grievance
regarding exclusion from the final list despite the
recommendations stated to have been made in his favour,
in the light of Letter No. CS/Rwd-442/Kgm/2022/8073-74
dated 15.09.2022, the subsequent recommendation stated
to have been made by the Senior Superintendent of Police,
Anantnag, the relevant official records and documents
annexed to the Original Application, and the treatment, if
any, accorded to similarly situated SPOs, if the applicant
is found to be similarly situated and squarely covered by
the applicable policy, and in accordance with the rules and
law governing the field, subject to verification of his
eligibility and entitlement and provided there is no legal
impediment thereto.
13. The respondents shall pass a detailed, reasoned and
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 12:49:37+05'30'
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ITEM 03 9 OA 1158 OF 2026

speaking order within a period of eight weeks from the
date a certified copy of this order is served upon them.
The decision so taken shall be communicated to the
applicant within a further period of one week thereafter.
14.
It is made clear that this Tribunal has not expressed any
opinion on the merits of the applicant’s claim, and all
questions of fact and law are left open to be considered
and decided by the competent authority in accordance
with law.
15.
With the aforesaid directions, the Original Application
stands disposed of. Consequently, all connected
miscellaneous applications, if any, shall also stand
disposed of.
16. No order as to costs.
17.
Registry shall consign the file to the Record Room after
due compliance.

PRASANT KUMAR (JUSTICE RITU TAGORE)
Member(Admn.) Member(Judl.)


21-10-2026
DEVENDRA TRIPATHI
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 12:49:37+05'30'
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