Out-of-turn promotion cannot be granted retrospectively or in absence of specific policy inclusion for a sport.

The Petitioners, Head Constables in the Delhi Police, secured a gold medal in Netball at the 33rd National Games in 2007

In 2016, they submitted representations seeking out-of-turn promotion to the rank of Assistant Sub-Inspector (ASI) effective from 2007, based on Standing Order (S.O.) No. 4 of 1989

The Respondent rejected these representations, leading the Petitioners to the Central Administrative Tribunal (CAT). The Tribunal directed the Respondent to consider adding Netball to the list of recognized sports in S.O. 4 and subsequently consider the Petitioners for promotion

Both parties filed cross-petitions challenging the CAT’s order

Whether the Petitioners were entitled to out-of-turn promotion based on S.O. No. 4 of 1989 for an achievement occurring in 2007

Whether the court can direct the government to include a specific sport within a policy framework for the purpose of granting promotional benefits

S.O. No. 4 of 1989 was superseded by S.O. No. 4/2003, which lacked provisions for out-of-turn sports-based promotion

S.O. No. A-3/2009, which restricted promotions to gold medalists in Olympic, Commonwealth, or Asian Games events and mandated repeat performances (two or three times)

Judicial review does not extend to directing the government to formulate policy in a particular manner or include specific games in categories to extend benefits

The court found that at the time of the Petitioners' 2007 achievement, S.O. No. 4/2003 was in effect, which did not provide for sports-based out-of-turn promotions, thereby rendering the 1989 Order inapplicable

Regarding the 2016 representation, the court analyzed S.O. No. A-3/2009 and determined that the Petitioners failed to meet its criteria: Netball was not a recognized sport under that order, and the Petitioners had not "repeatedly" won medals as required by the policy

The court reasoned that the Tribunal erred by relying on a superseded 1989 order and exceeded its jurisdiction by directing the inclusion of a sport into a policy, as such inclusion is a "purely policy matter"

The Court set aside the impugned order of the Central Administrative Tribunal dated 16.02.2023. Both petitions and pending applications were disposed of, effectively dismissing the Petitioners' claim for promotion