Court Dismisses Petition for Promotion Benefits Without Injury or Award in Gurdaspur Attack Case
In a significant ruling, the Punjab and Haryana High Court has dismissed a petition filed by Jasbir Singh, a member of the Punjab Police, who sought promotion and service benefits following his participation in a counter-terrorist operation at the Dinanagar Police Station in Gurdaspur on July 27, 2015. The judgment, delivered by Justice Jagmohan Bansal, underscores the legal principle that service benefits cannot be claimed on the basis of negative equality or perceived misuse of power in granting benefits to others.
The petitioner, Jasbir Singh, contended that despite his active involvement in the police operation during the terrorist attack, he was unfairly excluded from the promotional benefits that were extended to other officers. His argument was based on the assertion that promotions and benefits were granted to some officials who were not even present at the scene, thereby leading to an alleged misuse of power by the state.
The state, represented by Mr. Aman Dhir, Deputy Advocate General, contended that the policy approved by the Council of Ministers on August 12, 2015, explicitly provided for promotions and benefits only to those employees who were injured or martyred during the incident. The petitioner, holding the post of Reader to the Deputy Superintendent of Police (DSP), did not sustain any injuries nor was he decorated with any awards for his actions during the incident, making him ineligible under the established policy.
Justice Bansal, in his judgment, emphasized that the Council of Ministers had taken a clear decision to award promotions and benefits to employees based on specific criteria, namely injury or martyrdom. The court found that the petitioner did not meet these criteria as he was neither injured nor recognized with an award for his role during the terrorist attack. Furthermore, the court highlighted that the principle of negative equality could not be invoked to claim benefits when the petitioner did not qualify under the approved policy.
The court’s decision reinforces the legal standpoint that benefits cannot be demanded based on alleged wrongful grants to others, as such actions would amount to perpetuating illegality. Consequently, the petition was dismissed, with all pending applications considered disposed of.
This ruling serves as a precedent in reinforcing that service benefits linked to extraordinary circumstances like counter-terrorism operations must strictly adhere to the criteria set forth by the governing policies and cannot be claimed through negative equality or comparison with others.
Bottom Line:
Promotion and benefits in service matters cannot be claimed merely on the ground of negative equality or alleged misuse of power in granting benefits to others.
Statutory provision(s): Articles 226/227 of the Constitution of India
Jasbir Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2852582
