J&K CAT Gives Authorities 8 Weeks To Decide SPO’s Constable Conversion Claim After Anti-Militancy Operation Recommendations

The applicant, a Special Police Officer (SPO) serving since 2017, claimed that his participation in anti-militancy operations led to recommendations for conversion to Constable, including a recommendation forwarded by the Deputy Inspector General of Police on 15 September 2022.

He alleged that other SPOs received conversion or promotion benefits while his claim was excluded or declined without reasons.

After submitting a representation to the Director General of Police, he sought consideration of his claim and related relief before the Tribunal.

At the hearing, he limited his request to disposal of the application with a direction that the respondents consider his claim as a representation; the respondents did not oppose appropriate directions without prejudice to their rights.

Whether the respondents should be directed to consider the applicant’s claim for conversion to Constable, including his grievance about exclusion from the final list, in light of the recommendations, operational records, and treatment of similarly situated SPOs.

Whether the Tribunal should determine the applicant’s substantive entitlement to conversion at this stage.

The order cites no specific statute, regulation, or precedent. It applies the general requirement that the competent authority consider the claim under the applicable policy, rules, and law, verify eligibility and entitlement, and issue a detailed, reasoned and speaking order.

Consideration of comparators is conditional on the applicant being similarly situated and covered by the applicable policy; any decision is also subject to there being no legal impediment.

The applicant confined his prayer to administrative consideration, and the respondents accepted disposal by appropriate directions.

The Tribunal therefore did not adjudicate whether the recommendations or operational service entitled the applicant to conversion.

Instead, it directed the competent authorities to assess the cited recommendations, records, and any relevant treatment of similarly situated SPOs, while verifying eligibility and applying the governing rules and policy.

The authority must give reasons, and all factual and legal questions remain open.

The respondents must treat it as a representation and consider the applicant’s conversion claim in accordance with law, issuing a detailed, reasoned and speaking order within eight weeks of service of a certified copy of the order and communicating that decision within a further week.

No order as to costs was made.