HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on : 26.09.2025 Pronounced on : 12.12.2025 Uploaded on : 15.12.2025 Case:- LPASW No. 113/2012 c/w CCP(D) No. 4/2020 Pyare Lal Bhat and others …. Appellants Through: Mr. Rahul Pant, Sr. Advocate with Mr. Anirudh Sharma, Advocate Vs State of J&K and others .…. Respondents Through: Mrs. Monika Kohli, Sr. AAG with Ms. Nazia Fazal, Assisting Counsel. Mr. S. S. Ahmed, Advocate. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE JUDGMENT Per: Rahul Bharti-J 01. Thematic reading between the lines of this case is that the appellants fought for justice, got justice and then lost justice to find themselves back to square one to be in situation no better than of year 1986 when they, joined by similarly aggrieved others, had commenced an original litigation in this court with a writ petition aimed and meant only to salvage their respective seniority as April 1979 direct recruit Sub Inspectors of J&K Police vis-à-vis pre-1978 Assistant Sub Inspectors (ASIs) granted retrospective promotion in 1985 w.e.f April 1978 as Sub Inspectors (SIs). 02. Present letters patent appeal (in short “LPA”) No. 113/2012 is by fourteen (14) appellants who, along with some others, commonly figured 2 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 in long array of respondents named in two writ petitions SWP No. 1620/2008 & SWP No. 3065/2010. 03. Before proceeding further, this Court would like to set out the respective dates of retirement of the appellants to highlight the end objective which adjudication of this LPA No. 113/2012 is going to serve to the appellants all of whom are now retired long back but having shouldered the burden of this litigation without abandoning their cause and yearning for the justice done to their cause. Appellant No. Name Date of Retirement 1. Pyare Lal Bhat 04/2012 2. Varinder Kumar 01/2014 3. Sheikh Abdul Rashid 05/2012 4. Fareed Ahmed Khan 03/2014 5. Mohd. Yousaf Mir 03/2013 6. Farooq Ahmed Kirmani 04/2013 7. Kailash Chander 12/2011 8. Abdul Rashid Lone 11/2013 9. Saif-ud-Din Shah 08/2013 10. Sham Sundar Sharma 05/2010 11. Ghulam Haider Badhana 09/2013 12. Ghulam Hassan Shah 01/2014 13. Mir Mohd. Chowdhary 10/2016 14. Mohd. Shafi Mir 01/2013 04. Said two writ petitions SWP No. 1620/2008 & SWP No. 3065/2010 came to be disposed of by learned writ court vide its common judgment dated 22/12/2011 against which present LPA No. 113/2012 originated awaiting its final adjudication now taking place in passing of this judgment. 05. Writ petition titled SWP No. 1620/2008 titled Shakti Pathak & Ors Vs State of J&K & Ors is the first one in point of time being filed on 18/11/2008 by seventeen (17) petitioners naming sixty-two (62) 3 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 respondents which included fourteen (14) appellants herein figuring at serial number 36, 15, 16, 19, 20, 21, 24, 29, 30, 32, 35, 39, 40 & 42 respectively. 06. In 2nd writ petition SWP No. 3065/2010 titled Anita Sharma & Ors Vs State of J&K & Ors., filed on 30/12/2010 by seven (7) other petitioners, fourteen (14) appellants herein figured in array of forty-nine (49) respondents at serial number 25, 8, 9, 12, 13, 14, 17, 20, 21, 22, 24, 28, 29 & 30 respectively. 07. The petitioners, totaling 24 figuring in both writ petitions SWP No. 1620/2008 & SWP No. 3065/2010, are the ones being direct recruits of the time as Deputy Superintendents of Police (in short Dy.SP) in the Jammu & Kashmir Police (Gazetted) Service in terms of selection process which though had originated in year 1995 but finalized in year 1999 when finally a batch of Seventy-eight (78) selected candidates came to be appointed as Dy.SP and the writ petitioners of two writ petitions being of said pool of year 1999 direct recruit and appointed Dy.SP. 08. On the other hand, the private respondents, in both the writ petitions SWP No. 1620/2008 & SWP No. 3065/2010 which included the appellants herein figuring in common as respondents No. 6 to 62 and 6 to 49 respectively, happened to be Dy.SP by promotion mode having arisen from the original rank of Sub Inspector. 09. The writ petitioners of said two writ petitions SWP No. 1620/2008 & SWP No. 3065/2010 and the appellants herein originally obtaining were not in any conflict of situation against each other. 10. The situation which actually evolved and brought the writ petitioners of two writ petitions SWP No. 1620/2008 & SWP No. 3065/2010 and the appellants along with co-writ respondents pitted against each other in adversarial standing and eventually locked in said two writ 4 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 petitions SWP No. 1620/2008 & SWP No. 3065/2010 compulsively needs to be referred in essential chronological details. 11. The appellants are of batch of 41 directly recruited and appointed Sub Inspectors (in short SIs) of April, 1979 in Jammu & Kashmir Police in terms of respective PHQ Orders No. 398/1979, 316/1979 & 429/1979 as an outcome of selection process set into effect in 1978. 12. Before the appellants’ appointments as SIs in 1979, a promotion list “E” under Rule 390 of J&K Police Rules, of 72 & 30 Assistant Sub- Inspectors (in short “ASIs”) of Jammu & Kashmir Police was prepared vide PHQ Order No. 282 & 283 dated 28th April 1978 which was meant to be operative for prospective purpose of operation of 50% quota for promotion to next post of Sub-Inspector. 13. Some of the ASIs in this Promotion List “E” came to be promoted in a routine course in 1978 itself and were, thus, to be held seniors to the appellants in the cadre of SI to which direct recruit SIs of 1979 had no issue whatsoever. 14. On the other hand, some of ASIs out of said promotion list “E” came to be promoted as SIs later in due course after 1979 following appointment of the appellants as direct recruit SI and were thus obviously to count as juniors to the direct recruit SIs of 1979. 15. On 19/10/1984, SRO 549/1984 promulgating J&K Police Gazetted Service Rules, 1984 came to be issued but same came to be kept in abeyance vide SRO 166 dated 22/04/1985 thereby reviving the continuity of SRO 33 of 1977 dated 19/01/1977 to govern the J&K Gazetted Police Service. 16. In the year 1985, some 38 odd posts of Inspectors (Executive) cadre were available for promotion quota. 5 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 17. In March 1985, twenty-eight (28) numbers of SIs came to be made as Inspectors (Executive Cadre) on an officiating basis in which some of the SIs junior to the appellants came to be so made as Inspectors on officiating basis by neglecting the appellants’ seniority status as SIs. 18. Precipitating event occurred when, vide PHQ’s Order No. 1263 of 1985 dated 03/12/1985, a number of pre-1979 appointed ASIs, otherwise already promoted in course of time as SI after the appointment of the appellants as SI, came to be accorded promotional benefit to posts of Sub- Inspector with retrospective effect from 25/04/1978 thereby not only making them purportedly overnight seniors as SI to the appellants, direct recruit SI of 1979, but also poised for promotion as Inspectors ahead of 1979 directly appointed SIs. 19. This development came to be challenged by set of direct recruit SIs of 1979, which included the appellants No. 1, 3 & 9 to be in an array of eight (8) petitioners in a writ petition SWP No. 1208/1986 titled “Sheikh Abdul Rashid & Ors Vs State of Jammu & Kashmir and Ors” filed on 28/11/1986 before this court. In this writ petition SWP No. 1208/1986, respondents No. 3 to 134 were the ones with respect to whose purported retrospective promotion as being cause of action led to filing of writ petition SWP No. 1208/1986. 20. While the aforesaid writ petition SWP No. 1208/1986 was pending, simultaneous and subsequent important developments of importance having bearing were taking place which are highlighted herein next. 21. In August 1991, 42 SIs of 1979 had come to be promoted as Inspectors and followed by framing of Seniority List of Inspectors issued vide PHQ Endorsement No.M-451/92-30748-800 dated 30/07/1993. It is 6 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 worth mentioning here that by reference to 20/06/1993, the relative seniority status of Inspectors, which included 1979 direct recruit SIs promoted as Inspectors between August, 1991 to February, 1992, and also pre-1979 appointed ASIs who had come to be given retrospective promotion to the post of SIs dating back to 1978 as beneficiaries of PHQ’s Order No. 1263 of 1985 dated 03/12/1985 questioned in SWP No. 1208/1986 and in run of time becoming Inspectors in 1987-1989 came to be reflected. 22. In the cadre and seniority list of Inspectors, the beneficiaries of impugned PHQ’s Order No. 1263 of 1985 were being shown senior to 1979 directly appointed SIs. In the seniority list status as of 20/06/1993, the writ petitioners of SWP No. 1208/1986 were, thus, figuring from Sr. No. 253 onwards with date of appointment as Inspectors being August, 1991 whereas promote ASIs, who were beneficiaries of PHQ’s Order No. 1263 of 1985, dated 03/12/1985 their appointment as Inspectors being shown from year 1987 onwards but surely all before year 1991. 23. To put in simple context, the appellants were reckoning as promotees to post of Inspector in the year 1991-92 whereas the ASIs who were beneficiaries of PHQ’s Order No. 1263 of 1985 dated 03/12/1985, shown as appointees to post of Inspectors of year 1987-1989. 24. PHQ had come to apprise the General Administration Department (GAD) of State of J&K of vacancy position of posts, promotional as well as direct quota of Dy.SP, for J&K Public Service Commission to advertise 78 posts for selection of Dy.SP, and conducting Exams in 1996 and 1997. 25. After a gap of almost ten years, 2nd writ petition SWP No. 3586/1997 titled “Sheikh Abdul Rashid Vs State of J&K and Ors” by same very set of writ petitioners of SWP No. 1208/1986, joined by more 7 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 similarly placed direct recruit SIs of 1979, came to be filed thereby questioning subsequent developments like contemplated promotion exercise to the posts of Dy.SP acting upon already impugned retrospective ASIs’ promotion, seniority list issued by PHQ vide Order Endorsement No. M- 451/92-30748-800 dated 30/07/1997 of the Inspectors having taken place after institution of their first writ petition SWP No. 1208/1986 and issuance of Govt. Order dated 06/02/1997 of promotion of Inspectors to post of Dy.SPs. 26. Vide a Govt. Order No. Home-(37)P of 1999 dated 01/02/1999, one Abdul Gaffar SI, otherwise junior to 1979 direct recruit SIs was accorded retrospective promotion as Inspector w.e.f. 01/11/1986. 27. During pendency of said two writ petitions SWP No. 1208/1986 and SWP No. 3586/1997 which lasted up to November 2004, further developments like issuance of Govt. Order No. 789-GAD of 1999 dated 12/07/1999 with respect to appointment of Dy.SP by direct recruitment took place in which were figuring seventeen petitioners of SWP No. 1620/2008. 28. Vide Circular No. 01-Home(PB-1) of 2003 dated 01/02/2003, tentative seniority list of Dy.SP was circulated to which the writ petitioners of SWP No. 1620/2008 are said to have registered their objections only to be over ruled. 29. Vide Govt. Order No. Home 149(P) of 2004 dated 21/04/2004, final seniority list of Dy. SP obtaining as on 01/01/2004 came to be declared in which twenty four (24) writ petitioners of SWP No. 1620/2008 and SWP No.3065/2010 came to be shown placed at serial numbers 61 to 137 whereas promotee Dy.SP which included the appellants at serial number 168 onwards. 8 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 30. It is worth mentioning here that though the writ petitioners of aforesaid two writ petitions are said to have grievance against this seniority list but nevertheless there came forth no challenge from their end in the form of any writ petition and, thus, same became a settled seniority list, in the sense that direct recruit Dy.SP of 1999 can be said to have no issue whatsoever against promoted Dy.SP which included the appellants as well and this situation came to run its course. 31. By purported misplaced seniority status of SIs having become Inspectors as an after effect of impugned PHQ’s Order No. 1263 of 1985 dated 03/12/1985, the promotions had come to take place to the rank of Dy.SP in which also 1979 direct recruit SIs were shown junior to the promotee ASIs being beneficiaries of PHQ’s Order No. 1263 of 1985 dated 03/12/1985 in first becoming senior as SI, then as Inspectors and lastly as Dy.SP by sheer exploit of the retrospective promotion as SIs stealing march over 1979 direct recruit SIs. 32. Soon after the issuance of said final seniority list of Dy. SP coming into being in April 2004, common judgment dated 29/11/2004 in already long pending said two writ petitions SWP No. 1208/1986 & SWP No. 3586/1997 came to be passed in favour of direct recruit SIs of 1979 in quashing of PHQ Order No. 1263/1985 dated 03/12/1985 vide which retrospective promotion as SI w.e.f 25/04/1978 in favour of pre-1979 ASIs had been made and which set of ASIs had by then already progressed ahead of the direct recruit SIs of 1979 in further promotion to the rank of Inspectors in 1989 and then to be Dy.SP in 1999 till coming into being of judgment dated 29/11/2004. 33. In terms of writ court’s common judgment dated 29/11/2004, a direction for redrawing of the seniority of the writ petitioners of SWP No. 9 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 1208/1986 & SWP No. 3586/1997 as SIs with all consequential benefits was given. 34. For the facility of reference is reproduced the operative part of the writ court judgment dated 29.11.2004 which reads as under:- “In the premises aforesaid, I allow the writ petitions and quash the impugned order dated 03/12/1985 passed by the respondent No. 2. The official respondents are directed to place the petitioners of both the writ petitions in the seniority list of Sub. Inspectors ahead of private respondents in both the writ petitions who have been appointed by promotion to the post of Sub. Inspectors after 25th April, 1979 and accordingly, to redraw the seniority list giving them all consequential benefits.” 35. Aggrieved ASIs, otherwise bearing promoted status firstly as Inspector and then Dy.SP being purportedly senior to 1979 directly appointed SIs by the time of passing of judgment dated 29/11/2004, came to prefer two LPAs joined by two more LPAs filed by State of J&K all numbering 164/2004, 06/2005, 19/2005 & 20/2005, before the Division Bench of this court which resulted in a common judgment dated 27/07/2005 setting aside the writ court’s common judgment dated 29/11/2004. 36. The operative part of the Division Bench’s judgment dated 27/07/2005 is worth reproducing herein under which is:- “Be that as it may, as indicated in the beginning, on account of the subsequent recruitment of both appellants and respondents by promotion to the post of Dy. SP in the J&K Police (Gazetted) Service governed by another set of rules, the dispute raised in the writ petition has become infructuous and the direction of the learned Single Judge to redraw the seniority list placing the respondents above the 10 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 appellants in the seniority list of SI cannot be implemented. Not such redrawing of the seniority list can undue promotions granted to the appellants on the post of Dy. SP. The direction and order of the learned Single Judge are, therefore, set aside and these appeals are allowed, but without any order as to costs.” 37. It is pertinent to mention fact here that by the time aforesaid LPAs came to be disposed of vide said judgment dated 27/07/2005 as the writ petitioners and good number of private respondents of SWP No. 1208/1986 & SWP No. 3586/1997 had become Dy.SP, as even observed by the Division Bench in its judgment dated 27/07/2005, so said aspect weighed heavily with the Division Bench to hold that in fact dispute in writ petitions SWP No. 1208/1986 & SWP No. 3586/1997 had become infructuous. 38. Vide a Govt. Order No. 334 of 2005 dated 16/08/2005, Govt. Order No. Home-425 (P) of 2005 dated 26/10/2005, Govt. Order No. 21 of 2007 dated 27/04/2007 & Govt. Order No. Home-449 (P) of 2007 dated 19/09/2007, a good number of promotee Dy.SP came to be made as Superintendent of Police (SP) though in own Pay & Grade. 39. Division Bench’s judgment dated 27/07/2005 came to be assailed by direct recruit SIs of 1979, which included the appellants led by the appellant No. 3 herein namely Sheikh Abdul Rashid, in Special Leave Petitions (SLPs) before the Hon’ble Supreme Court of India entertained and registered as Civil Appeal Nos. 5632-35 of 2007 and resulted in setting aside of Division Bench’s judgment dated 27/07/2005 and restoration of writ court’s judgment dated 29/11/2004 in favour of direct recruit SIs of 1979. 11 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 40. The operative part of judgment dated 05/12/2007 of the Hon’ble Supreme Court of India is reproduced as under: “Similarly, although the statute provides for grant of officiating promotion, but the same is not conducive in the sense that even after getting officiating promotion, one may be reverted to the original post held by him. We do not mean to say that the seniority would be reckoned from the date of confirmation but we only intend to point out that the Rules having been provided for officiating promotion, the learned Single Judge was correct in taking that factor also into consideration for the purpose of determining the validity of the impugned order before the High Court. The said order dated 03/12/1985 even otherwise appears to be mala fide having been passed for unauthorised purpose. If the said order dated 03/12/1985 is read with the earlier one being dated 01/08/1985, the intention of the Government to favour the private respondents herein becomes explicit. It is not expected of a government to brazenly favour one set of employees so as to defeat the bona fide claim of the other set of employees. We, therefore, are of the opinion, that the impugned judgment cannot be sustained which is set aside accordingly. The appeals are allowed. However, in exercise of our discretionary jurisdiction under Article 142 of the Constitution of India, we direct that despite this order if any monetary benefit has been conferred upon the private respondents, the same may not be recovered.” 41. Hon’ble Supreme Court of India’s judgment dated 05/12/2007 was bearing directions the purport and mandate of which is that pre 1979 ASIs promoted as SIs with retrospective effect vide PHQ Order No. 1263/1985 dated 03/12/1985 from April 1978 over and above direct recruit SIs of 1979, were to vacate their DySP posts for direct recruit SIs of 1979 otherwise also promoted in due course to be Dy.SP but shown juniors 12 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 to ASIs of 1985 then as Dy.SPs, so as to restore seniority status of direct recruit SIs of 1979 vis-à-vis ASIs of 1985 which obviously meant inevitable reset of seniority scenario from SI, Inspector and lastly of Dy.SP. 42. In order to carry out the compliance of the mandate of the Hon’ble Supreme Court of India given in terms of its judgment dated 05/12/2007 which was compulsorily to be carried into compliance as being the final say in the matter settling the controversy once for all with respect to seniority status of direct recruit SIs of 1979 vis-à-vis pre-1979 appointed ASIs promoted as SIs with retrospective effect from 1978, the first requirement was, thus, to redraw the seniority list of SIs, then of Inspectors as with the passage of time because of promotion the same set of direct recruit SIs and retrospectively promoted ASIs to be SIs had come to take place. 43. Accordingly, J&K PHQ vide its Order No. 531 of 2008 dated 13/02/2008 came to reset the affairs by first re-drawing and re-casting seniority list of SIs reflecting therein 166 number of SIs bearing the respective restored seniority positions including the appellants all figuring in the range of serial numbers 10 to 32. Interestingly, in this seniority list, while the appellants came to be confirmed with date of appointment as SI in April, 1979 but of some of writ respondents of SWP No.1208/1986 still mentioned as SIs of June, 1978 and but the rest of the respondents of May, 1979 onwards to April, 1980. 44. Consequently, vide its Order No. 886 of 2008 dated 15/03/2008, J&K PHQ, by reference to Inspectors Seniority List issued way back on 30th July, 1993 vide PHQ Order Endorsement No. M-451/92- 30748-800, then came to redraw the seniority of Inspectors (Executive/Armed) in which the respective position of the direct recruit SIs of 1979 came to be redrawn in which the appellants, as being direct recruit SIs of 1979, came to be placed next below serial number 62 placed Inspector 13 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 Gh. Rasool Wani No. 431/NGO with his date of appointment as Inspector being of March, 1985 to restore seniority as Inspectors. 45. By this revision of seniority list, 40 Inspectors named in PHQ Order No. 886/2008 were thus meant to occupy from serial number 63 to 102 seniority position thereby displacing originally placed Inspectors at serial number 63 to 102 in which slot were also figuring some of the writ respondents of SWP No. 1208/1986 and SWP No. 3586/1997. 46. As a result of redrawn seniority list of Inspectors, retrospective promotion as Inspectors was conferred vide PHQ Order No. 1837/2008 dated 03/06/2008 with respect to SIs of 1979 as named therein. 47. Intriguingly, in this very PHQ Order No. 1837/2008 by an obvious reference to ASIs who were beneficiaries of retrospective seniority and promotion w.e.f 1978 in terms of quashed PHQ Order No. 1263 of 1985, the following reproduced mandate came to be directed which surely was not in accord and tune with the mandate of the Hon’ble Supreme Court of India’s judgment dated 05/12/2007:- “Whereas, the respondents shall not be deprived of the benefits including the retirement benefits accruing to them as a result of the actual service they have rendered in the department in various posts as per the stipulations kept in the judgment of Hon’ble Apex Court of India.” 48. The redrawing of seniority list of SIs read with Inspectors came to be challenged by one Abdul Rashid Bhat and others in writ petition SWP No. 471/2008 and as a consequence writ relief sought was not to disturb the existing status and seniority of Dy.SP and SP of the Inspectors, who from the seniority list of Inspectors before being redrawn, had come to so promoted as Dy.SP and SP. 14 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 49. This writ petition SWP No. 471/2008 came to be dismissed by the writ Court vide judgment dated 16/05/2008. 50. In the backdrop of the circumstances as referred herein before developed so far, the Govt. of Jammu & Kashmir, in order to carry out compliance of the mandate of the Hon’ble Supreme Court of India given in its judgment dated 05/12/2007 in relation to which redrawing of seniority list of SI, who with the passage of time had otherwise become Inspectors and figuring in the pre-revised seniority list of Inspectors and also in the wake of dismissal of writ petition SWP No. 471/2008 by the writ court vide judgment dated 16/05/2008, came forward with Govt. Order No. Home- 597(P) of 2008 dated 04.09.2008 thereby doing the needful compliance in the following manner which is reproduced as under:- “Now, therefore, sanction is hereby accorded to the:- i. Retrospective promotion of Police Officers detailed in annexure-“A” to this Government order from the rank of Inspector (General Executive Cadre) to the rank of Dy. Superintendents of Police (General Executive Cadre) with effect from 06-02-1997 in the pay scale of Rs. 7500-12000; ii. Re-fixation/fixation of inter-se seniority of Police Officers in the category of Dy. Superintendent of Police detailed in annexure-“B” to this Government order at the serial Nos, shown against each in the final seniority list of Dy. Superintendents of Police as on 01-01-2004 issued vide Government Order No. Home-149(P) of 2004 dated 21-04-2004 read with Government orders No. Home-425(P) of 2005 dated 26- 10-2005, No. Home 449(P) of 2007 dated 19-09-2007 and No. Home-165(P) of 2008 dated 13-03-2008; iii. Placement of Police Officers detailed in annexure –“C” to this Government order in the Selection Grade of Dy. 15 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 SsP (Rs. 9000-14100) from the dates shown against each; and iv. Promotion of 38 Dy. Superintendents of Police (Selection Grade), detailed in annexure-“D” to this Government order, to the post of Superintendents of Police with effect from 01-03-2002 in the pay scale of Rs. 10000-15200. It is further ordered that promotion of such Superintendents of Police who have been promoted on regular basis beyond 01-03-2002 and have now become junior will not get disturbed; but their inter-se seniority with other Superintendents of Police shall be determined under rules. By order of the Government of Jammu and Kashmir.” It is this Govt. Order No. Home-597 (P) of 2008 dated 04/09/2008 to which we are going to reserve our focus and attention in relation to the final outcome of our adjudication of present LPA. 51. Govt. Order No. Home-597 (P) of 2008 dated 04/09/2008 purportedly restored to the appellants and entire batch of direct recruit SIs of 1979 their due placement in terms of seniority right from the rank of SI to Inspector w.e.f Ist March 1985 to Dy.SP w.e.f 06/02/1997 and lastly as SP w.e.f 01/03/2002 and, accordingly, the direct recruit SIs of 1979 including the appellants were meant and supposed to enjoy all the future effects relatable to their respective service status from SP onwards correspondingly by reference to their restored position but it is here where the conflict of claim with direct recruit Dy.SP of 1995 selection process appointed in 1999 of whom were the twenty four (24) writ petitioners of SWP No.1620/2008 & SWP No.3065/2010, came to set in resulting in institution of first of aforesaid two writ petitions. 16 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 52. In Ist writ petition SWP No. 1620/2008, seventeen (17) writ petitioners came forward seeking the following reliefs:- “I) For issuance of an appropriate writ, order or direction in the nature of writ of certiorari whereby seeking quashment of Govt. Order No. 597(P) of 2008 dated 4.9.2008 by virtue of which private respondents No.6 to 43 have been accorded the benefit of (i) promotion as Dy. Ss.P with retrospective effect from 06.02.1997 in General Executive Cadre as per Annexure-A of the order and thereafter further (ii) benefit of re-fixation/fixation of inter-se seniority in the same category as per Annexure-B of the order with pay scales of Rs. 7500-12000 and further (iii) accord of the benefit of placement as selection grade of Dy. Ss.P (Rs. 9000-14100) from the dates shown against each as per Annexure-C of the order and thereafter (iv) promotion to the post of Superintendents of Police w.e.f. 01.03.2002 ( in the pay scale of Rs. 10000-15200) as per Annexure-D of the order. II) For the issuance of an appropriate writ, order or direction in the nature of writ of mandamus commanding upon the respondents to adhere and strictly follow the procedure envisaged by the rules in the matter of determination of Inter-se seniority between the direct recruits and the promotes (private respondents) with reference to the relevant rules on 50:50 basis in the General Executive Cadre at Dy.Ss.P levels and make further promotions under rules on the basis of such fixation. III) For issuance of an appropriate writ, order or direction in the nature of writ of mandamus commanding upon the respondents to place the petitioners in the Selection Grade of Dy.Ss.P in the pay-scale of Rs. 9000-14100 w.e.f. 01.07.2004 i.e. the due date on completion of five year service as Dy.Ss.P 17 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 and to further consider their promotion on regular basis against the posts of Superintendents of Police with effect from the date the posts of Superintendents of Police have fallen vacant and upon which petitioners have been ordered to work in their own pay and grade. IV) Any other relief befitting the occasion may please also be allowed in favour of the petitioners and against the respondents.” 53. The grievance of the seventeen (17) writ petitioners of SWP No. 1620/2008 was that though they were figuring as seniors from serial numbers 61 to 137 of the final seniority list issued vide Govt. Order No. Home-149(P) of 2004 dated 21/04/2004 but nevertheless the promotee Dy. SP figuring junior from serial number 168 onwards stood promoted as Superintendents of Police by virtue of Govt. Order No. 597(P) of 2008 dated 04/09/2008 which obviously was issued towards compliance of the final judgment passed in SWP No. 1208/1986 & SWP No. 3586/1997. In this regard the seventeen (17) writ petitioners in SWP No. 1620/2008 obviously referred to the promotion as Superintendents of Police of the writ respondents 6 to 43 which included the appellants. 54. It came to be further objected to by seventeen (17) writ petitioners in SWP No. 1620/2008 that Govt. Order No. 597(P) of 2008 dated 04/09/2008 is in clear violation of the judgment dated 05/12/2007 of the Hon’ble Supreme Court of India passed in S.L.P (Civil) No.(s) 23347, 23350/05 and 5632-35 of 2007 stating that the verdict of the Hon’ble Supreme Court of India has not been implemented in letter and spirit. 55. The seventeen (17) writ petitioners in SWP No. 1620/2008 came up with a specific objection that promotion to the post of Superintendents of Police with effect from 01/03/2002 accorded to the respondents 6 to 62 18 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 which included the thirteen (14) appellants herein is that being in excess of promotion quota at Inspector, Dy.SP & SP level. In this regard, the writ petitioners pointed reference was with respect to the private respondents 44 to 62 in the context of their promotion as the Superintendents of Police but surely said set of respondents 44 to 62 did not include the appellants herein who figured in the set of respondents from 6 to 42. 56. In their reply submitted on 03/05/2009 to the writ petition SWP No. 1620/2008, the official respondents No. 1 to 3 & 5 came forward in defence of impugned Govt. Order No. Home-597(P) of 2008 dated 04.09.2008 stating therein that the effect given in terms of said order with respect to the promotion to the post of Dy. SP in favour of the respondents 6 to 43 which included the appellants herein was in due consultation with the Jammu& Kashmir Public Service Commission which had advised to redraw the seniority list of various levels. 57. Following the institution of aforesaid two writ petitions, i.e., SWP No. 1620/2008 was a writ petition SWP No. 983/2010 which came to be filed by one Abdul Gaffar Malik also rising from rank of ASI pre-1979 having stolen march over direct recruit SIs of 1979 whose seniority position from being figuring at Sr. No. 24 had come to be revised to be Sr. No. 61 in exercise of redrawing of seniority list by reference to Govt. Order No. Home- 597(P) of 2008 issued in compliance to the directions of the Hon’ble Supreme Court of India, the ripple effect of which was carried from redrawing of seniority list of SI to extent of SP vide Govt. Order No. Home- 508 (P) of 2010 dated 29.04.2010. 58. Said Abdul Gaffar Malik was ASI appointee of 1975, promoted as SI on 26/10/1981 and had become upon promotion as Inspector on 01/11/1986 but with retrospective effect from 02/07/1982. 19 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 59. Redrawing of seniority list of SP in terms of Govt. Order No. Home-508(P) of 2010 dated 29.04.2010, being an offshoot of Govt. Order No. Home-597(P) of 2008 dated 04.09.2008 thereby displacing direct recruit Dy.SP who otherwise having become SP in due course of time bearing seniority to those of promotee Dy.SP was seen as an adverse development leading to institution of second of two writ petitions SWP No. 3065/2010 mentioned in the very opening para of this judgment first of which being SWP No. 1620/2008. 60. In 2nd writ petition SWP No. 3065/2010, following reliefs came to be sought:- “A) CERTIORARI:- i) Quashing the Final Seniority List of Superintendents of Police (Executive) notified vide Govt. Order No. Home508 (P) of 2010 dated 29-04-2010 whereby the petitioners have been placed below respondents 6 to 49 despite being senior to them, in contravention of Rule- 24 of J&K Classification, Control and Appeal Rules, 1956 and also in the light of the law laid down by the Apex Court in its authoritative pronouncement titled Suraj Prakash Gupta V S State of J&K and Ors; & ii) Quashing Govt. Order No.597 (P) of 2008 dated 04.09.2008 by virtue of which the private respondents have been accorded the benefit of (a). Promotion as Dy.SPs with retrospective effect from 06 02.1997 in General Executive Cadre as per Annexure-A of the order and thereafter further (b). Benefit of re-fixation of intense seniority in the same category w.e.f different dates shown against each of them as per Annexure-B of the order with pay scales of Rs.7500-12,000 and further (c). Accord of the benefit of placement as selection grade Dy.SPs (Rs.9,000-14,100) from the dates shown against as per Annexure-C of the order and thereafter (d). Promotion to the post of 20 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 Superintendents of Police w.e.f. 01.03.2002 (In the pay- scale of 10,000 15,200) as per Annexure-D of the order. (B) MANDANUS:- i) Commanding the official respondents to issue an updated seniority list of Superintendents of Police (Executive) after placing the petitioners over and above the respondents 6 to 49 so that the petitioners can get their correct placement in the seniority list as the private respondents are required to be pushed down below the petitioners and Dy. SPs of 1999 batch (direct recruits) in view of the fact that the private respondents were adjusted in excess of their quota as provided in J&K Police Gazetted Service Recruitment Rules; & ii) Commanding the respondents 2, 3 and 4 to file a comprehensive affidavit elucidating the full cadre strength of Dy SPs and also the year wise breakup of posts in various quotas particularly promotees/ direct recruits w.e.f. July 1999 when the petitioners became the members of J&K Police (Gazetted) Service; & iii) Commanding the official respondents not to initiate any process of further promotion or induction into IPS unless and until the petitioners are placed over and above the private respondents who are junior to the petitioners; & iv) Commanding the official respondents to disclose against which posts the salaries of 1995 batch, which came to be appointed on 12-07-1999 as Dy SPs, were released after completing their training at SKPA, Udhampur.” 61. Through SWP No. 3065/2010, the writ petitioners came forward with all guns blazing against Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 read with Govt. Order No. Home-508(P) of 2010 dated 29/04/2010, which two orders, in fact, in all intent and purpose were 21 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 issued in carrying out the compliance of Hon’ble Supreme Court of India’s judgment dated 05/12/2007 read with Single Bench judgment dated 29/11/2004 in SWP No. 1208/1986 & SWP No. 3586/1997. The plank on which the challenge was posed in 2nd writ petition SWP No. 3065/2010 was that said two orders were in contravention of J&K Classification, Control & Appeal Rules, 1956 as the adjustment/promotion of private respondents as Dy.SP was alleged to be against the quota of direct recruit Dy.SP. 62. Aforesaid two Govt. Orders No. Home-597(P) of 2008 dated 04/09/2008 & No. Home-508(P) of 2010 dated 29/04/2010 were painted as novelty in complying with the Hon’ble Supreme Court of India’s judgment dated 05/12/2007 under the garb of which undue benefit was extended to the writ respondents of SWP No. 3065/2010. Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 in particular was assailed as having unsettled the seniority of the direct recruit Dy. SP vis-à-vis the beneficiaries of the Hon’ble Supreme Court of India’s judgment dated 05/12/2007 which included the appellants herein, who were alleged not entitled to retrospective promotion as Dy. SP with effect from 06/02/1997. 63. In both the writ petitions SWP No. 1620/2008 & SWP No. 3065/2010, twenty four (24) the writ petitioners, as being direct recruit Dy.SP and stood promoted as SP, finding themselves overnight being made juniors to batch of promotee Dy.SP including the appellants, assailed the Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 read with Govt. Order No. Home-508(P) of 2010 dated 29/04/2010 and as a consequence seeking a writ of mandamus unto the official respondents to issue an updated seniority list of Superintendent of Police(Executive) by restoring the writ petitioners’ seniority as SP otherwise lost because of the aforesaid two Govt. Orders which were offshoot of compliance of the Hon’ble Supreme Court of India’s judgment dated 05/12/2007. 22 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 64. In writ petition SWP No. 1620/2008, from the date of its institution till its disposal by virtue of impugned judgment dated 22/12/2011 there was no interim direction whatsoever operating with respect to the Govt. Order No. Home-597(P) of 2008 dated 04.09.2008. 65. In September, 2011 affidavit filed by the then Director General of Police, J&K, the cadre strength of Dy.SP was mentioned to be 258 posts. In this cadre strength, there was reported to be Nil vacancy for promotion quota whereas with respect to direct quota 57 posts were mentioned to be vacant. In addition, leave reserve posts @ 10 % were mentioned to be 26, deputy reserve posts @ 20% - 52 posts and training reserve @ 20 % - 52 posts. 66. The sanctioned strength of Dy.SP in 2000-2001 was mentioned to be 454 with break-up of 202 posts for promotion quota and 252 for direct quota, whereas the duty posts were mentioned to be 336 in terms of the provisions of SRO 2010 of 1994. 67. Reply to the writ petition SWP No. 3065/2010 from the end of the respondents No. 1 to 3 & 5 came to be submitted on 20/04/2011. 68. It is the aforesaid two writ petitions SWP No. 1620/2008 & SWP No. 3065/2010 which came to earn disposal in the form of common judgment dated 22/12/2011 returned by the learned Single Bench which is now impugned in the present letters patent appeal (LPA) No. 113/2012. 69. The learned writ court came forward with the following conclusion and consequent directions which are reproduced herein next:- “34. For the reasons discussed, the writ petitions bearing SWP Nos. 3065/2010 and 1620/2008 are allowed. The Government order Nos. Home-597(P) 2008 dated 4th September, 2008 and Home – 508(P) 2010 dated 29th April, 2010, to the extent it gives retrospective promotion to the private respondents with effect from 6th February, 1997 and 23 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 the consequent benefits with effect from the dates shown in the said Government Orders, is set aside and so is the Government Order No. Home-508(P) 2010 dated 29th April, 2010, whereby final seniority of Superintendents of Police is fixed, to the extent it relates to the parties to the writ petitions. 35. The respondents 1 to 5 are directed to under make a fresh exercise to fix the date of promotion of the private respondents as Deputy Superintendents of Police, in compliance of writ Court Judgment dated 29th November, 2004, upheld by Supreme Court on 5th December, 2007, consequent thereupon the date of their placement in the selection grade and as Superintendents of Police, after giving a fair and adequate opportunity to the parties to project their stance. The respondents 1 to 5 shall embark on such an exercise on 9th January, 2012. The parties to the petition shall project their stance by 25th January, 2012 and respondents 1 to 5, shall, having regard to the stand projected, on examination of documents, if any, produced by the parties take a decision in the matter by or on 9th February, 2012. The parties shall continue to have the status as on date till 9th February, 2012, i.e. the date the respondents 1 to 5 are to take final decision in the matter and till then further promotions/ induction in Indian Police Service on the basis of the impugned seniority list, shall not be effected.” 70. Institution of the present letters patent appeal (LPA) No. 113/2012 had come to take place on 15/12/2012 in which only thirteen (13) appellants, being batch of direct recruit 1979 SIs, came forward in order to the vindicate and salvage their respective position which they had gained after a prolonged course of litigation starting right from 1986 till attaining of the Hon’ble Supreme Court of India’s judgment dated 05/12/2007 which led to the passing of Govt. Order No. Home-597(P) of 2008 dated 04.09.2008 read with Govt. Order No. Home-508(P) of 2010 dated 29.04.2010. 24 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 71. In terms of an interim order dated 24/08/2017, operation of impugned judgment dated 22/12/2011 came to be stayed insofar as it related to the seniority status of the appellants as Dy.SP and SP meaning thereby the State Govt. as well as PHQ were supposed not to act any further in the matter to the prejudice of the appellants’ as Dy.SP and SP vested in them in terms of the aforesaid two Govt. Orders No. Home-597(P) of 2008 dated 04.09.2008 & No. Home-508(P) of 2010 dated 29.04.2010. 72. Before this Court comes to deal with the impugned judgment, some developments of relevance which came to take place during pendency of present letters patent appeal (LPA) No. 113/2012 are required to be set out. 73. PHQ, vide its Order No. 1434 dated 27/05/2013, again came to reframe seniority list of Sub Inspectors which obviously referred to 1979 direct recruit SIs as well as pre-1979 ASIs later on becoming SIs. 74. In this reframed seniority list, Abdul Gaffar Malik, ASI who had become SI in the course of time came to be reflected at Sr. No. 313 being junior to the appellants and other 1979 direct recruit SIs. The appellants’ position in this seniority list figured from Sr. No. 155 onwards. 75. PHQ, vide its Order No. 1435 of 2013, dated 27/05/2013 revisited promotions of Inspectors made by reference to the writ petition SWP No. 1208/1986. 76. Vide PHQ’s Order No. 1436 of 2013 dated 27.05.2013, seniority of Inspectors was once again redrawn. 77. Vide Circular No.18-Home of 2013 dated 24/10/2013, tentative seniority list of Dy.SP (Executive) obtaining in the cadre as on 01/08/1999 was circulated inviting responses from the stakeholders which led to the issuance of Govt. Order No. Home-32 of 2014 dated 15/01/2024 to 25 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 examine the representations submitted with respect to the tentative seniority list issued vide Circular No. 18-Home of 2013. 78. Vide Govt. Order No. 128-Home of 2014 dated 11/03/2014, a committee was reconstituted to examine the representations submitted in respect to the tentative seniority list circulated vide Circular No. 18-Home of 2013. 79. The committee so reconstituted purportedly recommended that PHQ Order No. 1435 of 2013 with respect to the promotions of Inspectors followed by PHQ Order No. 1436 of 2013 related to seniority list of Inspectors as on 03/07/1993 needed reconsideration in the light of the representations purportedly submitted by the appellants. 80. Vide PHQ Order No. 3069 of 2014 dated 01/12/2014, dates of promotion of Sub Inspectors as Inspectors in three cadres came to be revised leading to issuance of PHQ Order No. 3074 of 2014 dated 04/12/2014 thereby issuing tentative seniority list of Inspectors as on 31/12/1993. 81. In this so called Final Seniority List of 2015, Abdul Gaffar Malik came to be placed at Sr. No. 79 with his date of promotion as Inspector as 02/07/1992 whereas the appellants came to figure at Sr. No. 117 onwards thus shown junior to said Abdul Gaffar Malik despite date of promotion as Inspectors related to the appellants allegedly being 14/09/1987 as shown in the order. 82. Vide PHQ Order No. 259 of 2015 dated 30/01/2015, Final Seniority List of Inspectors in supersession of earlier PHQ Order No. 1436 of 2013 dated 27/05/2013 came to be issued in which the appellants’ seniority status was again disturbed to their prejudice contrary to Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 issued in compliance to the Hon’ble Supreme Court of India’s judgment dated 05/12/2007. 26 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 83. This PHQ Order No. 259 of 2015 makes a very intriguing reading in juxtaposition to PHQ Order No. 886 of 2008. 84. Recital in PHQ Order No. 886 of 2008 dated 15/03/2008 read with PHQ Order No. 531 of 2008 dated 13/02/2008 was that in compliance to the Hon’ble Supreme Court of India’s judgment dated 05/12/2007 read with judgment dated 29/11/2004 of the Single Bench in SWP No. 1208/1986 & SWP No. 3586/1997, the seniority of Inspectors by reference to 1979 direct recruit Sub Inspectors vis-à-vis quashed PHQ Order No. 1263 of 1985 dated 03/12/1985 granted retrospective seniority as SI to pre 1979 appointed ASIs was being redrawn in terms whereof forty (40) Inspectors as named in PHQ Order No. 886/2008 dated 15/03/2008 including the appellants therein were to have their seniority restored next to Inspector Gh. Rasool Wani, No. 431/NGO (Retd.) immediately after him to figure meaning thereby from 63 onwards whosoever was figuring in the original Seniority List issued vide PHQ Endorsement No.M-451/92-30748- 800 dated 30/07/1992 was to pave and vacate place for forty (40) Inspectors, including the 14 appellants herein, to come in respective seniority slots and after them the displaced Inspectors, otherwise following next to Ghulam Rasool Wani, No. 431/NGO at serial No. 62, were to figure. 85. Inspector Gh. Rasool Wani No. 431/NGO (Retd.) was figuring at serial number 62 as per 1993 seniority position with his appointment as Inspector being that of 1st March, 1985. Next to him in the seniority slots were the Inspectors bearing date of promotion April, 1985 onwards. Since the 1979 direct recruit Sub Inspectors which included the appellants came to be accorded retrospective promotion as Inspectors from 1st March, 1985, so obviously they were meant to be next to Inspector Gh. Rasool Wani No. 431/NGO (Retd.) but surely ahead of April, 1985 onwards appointed Sub Inspectors. 27 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 86. Final seniority list of Inspectors of Police (both Executive & Armed) issued vide PHQ Endorsement No.M-451/92-30748-800 dated 30/07/1993 but wrongly mentioned as 30/07/1992 in PHQ’s Order No. 886 of 2008 dated 15/03/2008, referred Inspector Gh. Rasool Wani No. 431/NGO (Retd.) at serial number 62 with his date of appointment as Inspector being 01/03/1985. 87. Before Inspector Gh. Rasool Wani, figuring at serial number 62 were placed the Inspectors – Krishan Lal Trikha, No. 908/NGO figuring at serial number 11 with his date of appointment as Inspector 03/02/1984 who was the respondent No. 16 in writ petition SWP No. 1208/1986. Likewise, Inspector Balwant Raj, No. 388/NGO at serial number 12 with date of appointment as Inspector 03/02/1984, was the respondent No. 12 in said writ petition SWP No. 1208/1986. Inspector Mohan Singh No. 422/NGO at serial number 46 with date of appointment as Inspector as 01/02/1985 was the respondent No. 52 in said writ petition. 88. From serial No.46 placed Inspector Mohan Singh No. 422/NGO with date of appointment as Inspector 01/02/1985 and before Inspector Gh. Rasool Wani at serial number 62 with his date of appointment as Inspector on 01/03/1985 were fifteen (15) Inspectors with their respective date of appointment as Inspectors common being 01/03/1985. 89. Below serial No. 62 placed Inspector Gh. Rasool Wani No. 431/NGO were the Inspectors whose respective date of appointment as Inspectors commenced from April, 1985 onwards. 90. It is for this reason that in terms of PHQ Order No. 886 of 2008 dated 15/03/2008, forty (40) direct recruit SIs of 1979 which included the fourteen (14) appellants were directed to be placed in the order of seniority next to serial No. 62 placed Inspector Gh. Rasool Wani 431/NGO. 28 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 91. This seniority position vested in terms of PHQ Order No. 886 of 2008 dated 15/03/2008 came to be reversed by virtue of PHQ Order No. 259 of 2015 dated 30/01/2015 when Inspector Gh. Rasool Wani No. 431/NGO came to be placed at serial number 53 but next to him were not to be found forty (40) direct recruit SIs of 1979 which included the fourteen (14) appellants herein. In fact the appellants herein came to be placed from 117 to 186 seniority position overtaken again by the same set of writ respondents figuring in SWP No. 1208/1986 & SWP No. 3586/1997 with respect to whom the learned single bench in its judgment dated 19/11/2004 had directed to be below the petitioners of SWP No. 1208/1986 & SWP No. 3586/1997. 92. Vide Govt. Order No. 331-Home of 2015 dated 07/08/2015, a committee under the then ADGP – Mr. S. P. Vaid came to be reconstituted to carry forward the work of a committee constituted vide Govt. Order No. 174-Home of 2015 dated 13/05/2015 with a reference to recommend the final seniority of Dy.SP. 93. This committee recommended revised dates of promotion at Dy.SP level from 01/01/1994 onwards up to 01/08/1999 with submission of a report dated 23/09/2015 taking place which came to be endorsed by the DGP on 31/10/2015. 94. Govt. Order No. 451-Home of 2016 dated 02/08/2016 came to be issued constituting Mr. S. K. Misra to examine and undertake an exercise with respect to changes in date of regularization of officers post 1999 upto Ist January, 2005 which committee came up with an observation that seniority list of Dy.SP upto 31/07/1999 have not been notified and that fresh exercise for determining exact number of vacancies of Dy.SP in promotion quota beyond 01/08/1999 to 31/12/2004 was not 29 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 workable till final seniority list of Dy.SP, as it stood on 31/07/1999, is settled. 95. It is at this stage of development so taking place that in this letters patent appeal (LPA), this Court came to issue interim order dated 24/08/2017 staying the operation of the impugned judgment dated 22/12/2011 with a further direction not to disturb the seniority status of the appellants as Dy. SPs and SPs. 96. Vide Govt. Order No.534-Home of 2018 dated 19/04/2018, a committee was reconstituted headed by the then ADGP – Mr. A. G. Mir, IPS with point of reference to suggest a road-map to resolve the issue of seniority of J&K Police (Gazetted) Service in the wake of various orders having originated from this Court in different writ petitions other than those referred in this particular case. 97. Mir Committee came forward with a report dated 08/10/2018 submitted vide communication No. PHQ/ADGP(HQ) -2018/1254 which came to be submitted to Department of Law, Justice & Parliamentary Affairs ,which came forward with its opinion No. U.O. No. LD (Lit) 2016/66/Home dated 12/09/2019. It is here from onwards that a series of Govt. orders pursuant to Administrative Council approval No. 25/21/2019 dated 13/09/2019 came to take place which are as under:- a) Govt. Order No. 991-Home of 2019 dated 28.09.2019 with respect to the review of dates of promotion of J&K Police (Gazetted) Service at Dy. SP level, b) Govt. Order No. 992-Home of 2019 dated 28.09.2019, notifying final seniority list of Jammu & Kashmir Police (Gazetted) Service as on 01/01/2000, c) Govt. Order No. 993-Home of 2019 dated 28/09/2019, reviewing the dates of promotion of J&K Police (Gazetted) Service at SP level cadre. 30 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 d) Govt. Order No. 994-Home of 2019 dated 28.09.2019, reviewing the dates of promotion of J&K Police (Gazetted) Service at Dy. SP level. e) Govt. Order No. 995-Home of 2019 dated 28.09.2019 regularization of promotion as Incharge Dy. SP as Dy. SP with effect from 01/07/2003 to 02/01/2009. f) Govt. Order No. 997-Home of 2019 dated 01/10/2019 notifying tentative seniority list of Dy. SPs (direct recruit and promotes) leading to issuance of Govt. Order No. 63- Home of 2020 dated 28/02/2020 finalizing the seniority list of Dy. SPs. 98. This churning of events post institution of present letters patent appeal (LPA) No.113/2012 dislocated the appellants from their status and position as came to be accorded to them in terms of Govt. Order No. Home- 597(P) of 2008 dated 04/09/2008 which was issued in compliance to the Hon’ble Supreme Court of India’s judgment dated 05/12/2007 but which Govt. Order came to suffer quashment because of the impugned judgment leaving this Bench to wonder as to what for the entire exercise right from 1986 starting from institution of the writ petition SWP No. 1208/1986 joined by writ petition SWP No. 3586/1997 resulting in Single Bench judgment dated 29/11/2004 which ultimately got upheld by the Hon’ble Supreme Court of India in its judgment dated 05/12/2007 was meant to be of hallow effect insofar as the appellants are concerned. To put it into simple words what the appellants find themselves to be in situation that they have ended from where they had literally started in 1986 with entire adjudicatory exercise being nothing but of hallow effect and benefit with respect to them and they finding themselves chasing their junior SIs even upto rank of SP and in the circuity ending up where they would have otherwise ended without filing SWP 1208/1986 and SWP 3586 of 1997. 31 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 99. Following tabulated statement would give an overall view of the appellants’ plight: Appellants’ Original Position /Promotion from and during pendency of SWP No. 1208/1986 and SWP No. 3586/1997. Sub Inspector appointment Inspector appointment Dy. SP appointment SP April 1979 August, 1991 to February, 1992 December, 2000 – June, 2001 Appellants’ revised position In terms of Govt. Order. No. 597(P) of 2008 dated 04/09/2008: as per Supreme Court Judgment 05/12/2007’s compliance. Sub Inspectors appointment Inspectors appointment Dy. SP appointment Suptd.of Police appointment April 1979 Ist March, 1985 February, 1997 March, 2002 Later Position (2013-2018) Sub Inspectors’ appointment Inspectors’ appointment Dy. SP’s appointment Suptd.of Police’s appointment April 1979 September, 1987 to April, 1989 as per PHQ Order No. 259 of 2015 dated 30/01/2015 2019-2020 Position Sub Inspectors appointment Inspectors appointment Dy. SP appointment Suptd.of Police appointment April 1979 September, 1987 to April, 1989 as per PHQ Order No. 259 of 2015 dated 30/01/2015 28/09/2019: Govt Order No. 991-Home w.r.t review of dates of promotion of Jammu and Kashmir Police Gazetted Service at the level of Deputy Superintendent of Police Executive ; Appellant No. 1 Pyare Lal Bhat NGO 415 at S. No. 221 instead of 01/06/2001 as Dy.SP to be 01/04/1999 on notional basis and regular from 01/06/2001. Appellant No.2: Virender Kumar NGO) 733 at S.No. 160 w.e.f 01/12/1997 Appellant No.3: 28/09/2019 Govt Order No. 993- Home reviewing the dates of promotion of Jammu and Kashmir Police Gazetted Service at the level of SP Executive cadre; Appellant No. 1: 32 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 Sheikh Abdul Rashid NGO 416 at S.No.161 wef 01/12/1997. Appellant No.4: Fareed Ahmad NGO 456 at S.No. 187 w.e.f 01/08/1998 Appellant No. 5: Mohd Yousaf Mir NGO 412 at S. No. 188 w.e.f 01/08/1998. Appellant No. 6: Farooq Ahmad Kirmani NGO 892 at S. No.189 w.e.f 01/09/1998 Appellant No. 7: Kailash Chander NGO 480 at S.No.192 wef 10/09/1998 Appellant No. 8 : Abdul Rashid Lone NGO 485 at S.No. 202 wef 10/09/1998. Appellant No. 9: Saif ud Din Shah NGO 57 at S.No.203 wef 10/09/1998. Appellant No. 10: Sham Sunder Sharma NGO 231 at S.No. 145 wef 12/07/1997. Appellant No. 11: Gh. Haider Badana NGO 191 at S.No.158 wef 15/04/1998 Appellant No. 12: Ghulam Hassan Shah NGO 182 at S.No. 228 notionally wef 01/07/1999 and effectively wef 16/04/2003. Appellant No. 13: Mir Mohd Chowdhary NGO 370 at S.No. 178 notionally wef 01/05/1998 and effectively 00/00/1999 Appellant No. 14: Mohd Shafi NGO 907 at S.No. 226 notionally wef 01/06/1999 and effectively wef 01/09/2001. Pyare Lal Bhat at S. No. 121 from 01/03/2002 to 01/04/2004. Appellant No. 2 : Virender Kumar at S.No. 76 from 01/03/2002 to 01/12/2002. Appellant No. 3: Sheikh Abdul Rashid at S.No. 77 from 01/03/2002 to 01/12/2002. Appellant No. 4: Fareed Ahmad at S.No. 102 from 01/03/2002 to 01/08/2003 Appellant No. 5: Mohd Yousaf Mir at S.No. 103 from 01/03/2002 to 01/08/2003 Appellant No. 6: Farooq Ahmad Kirmani at S.No.105 from 01/03/2002 to 01/09/2002 33 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 Appellant No. 7: Kailash Chander at S.No. 108 from 01/03/2002 to 10/09/2003 Appellant No. 8 : Abdul Rashid Lone at S.No. 113 from 01/03/2002 to 10/09/2003 Appellant No. 9: Saif ud Din Shah at S.No. 114 from 01/03/2002 to 10/09/2003 Appellant No. 10 : Sham Sunder Sharma at S.No. 118 from 01/03/2002 to 16/02/2004. Appellant No. 11: Gh. Haider Badana at S.No.84 from 01/03/2002 to 16/04/2003. Appellant No. 12: Ghulam Hassan Shah at S.No. 127 from 01/03/2002 to 01/07/2004. Appellant No. 34 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 13 : Mir Mohd Chowdhary at S.No. 96 from 11/09/2003 to 01/05/2003 notionally and regularly from 11/09/2003. Appellant No. 14 : Mohd Shafi at S.No. 125 from 01/03/2002 to 01/07/2004 28/09/2019: Govt Order No 992-Home notifying final seniority list of the members of Jammu and Kashmir Police Gazetted Service Dy.SP as on 01/01/2000; Appellant No. 1: Pyare Lal Bhat at S. No. 183. Appellant No. 2: Virender Kumar at S.No. 123. Appellant No. 3: Sheikh Abdul Rashid at S.No. 124. Appellant No. 4: Fareed Ahmad at S.No. 150 Appellant No. 5: Mohd Yousaf Mir at S.No. 151 Appellant No. 6: Farooq Ahmad Kirmani at S.No.152. Appellant No. 7: Kailash Chander at S.No. 155. Appellant No. 8 : Abdul Rashid Lone at S.No. 162. Appellant No. 9: Saif ud Din Shah at S.No. 163. Appellant No. 10 : Sham Sunder Sharma at S.No. 179. Appellant No. 11: 35 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 Gh. Haider Badana at S. No.137. Appellant No. 12: Ghulam Hassan Shah NGO 182 at S.No. 190. Appellant No. 13 : Mir Mohd Chowdhary NGO 370 at S.No. 144. Appellant No. 14 : Mohd Shafi at S.No. 188. 28/02/2020: Govt Order No. 63 -Home finalizing seniority list of DySPs. SWP No. 1208/1986 writ respondents No.17/19/37 to 46/65 to 67/70/71/74/75/96/97/126/128/130 & 132 shown seniors to many of appellants. 100. There is a need for us to recapitulate as to how the journey of the appellants as the writ petitioners in SWP No. 1208/1986 & SWP No. 3586/1997 came to bear ride by reference to chronology. 101. Being 1979 direct recruit SIs, the appellants as a consequence of the Hon’ble Supreme Court of India’s judgment dated 05/12/2007 read with single Bench judgment dated 29/11/2004 came to be given date of appointment as Inspector JKP to be 01/03/1985 on the basis of which their next promotion as Dy.SP came to be effected with effect from February, 1997 and lastly their promotion as SP in March, 2002. 102. This is the actual position which the appellants had earned by virtue of their litigative efforts culminating in judgment dated 05/12/2007 of the Hon’ble Supreme Court of India taken into compliance vide Govt. Order No. Home-597(P) of 2008 dated 04/09/2008. The aforesaid situation is amply confirmed by Govt. Order No. 508(P) of 2010 dated 29/04/2010. 36 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 103. However, this restored status of the appellants and their co- petitioners was always kept floating by the PHQ as well as the Govt., never giving it a footing to last forever though having premised said position of the appellants to be in compliance to the judgment dated 05/12/2007 of the Hon’ble Supreme Court of India. 104. As per Govt. Order No. Home 149(P) of 2004 dated 21/04/2004 the respective date of appointment to the post of Dy. SP (Executive) of the appellants herein with their corresponding seniority position is as under:- Appellant No. Name Sr. No. in the Seniority List Date of appointment to J&K Police Gazetted Service (Dy.SP) Executive 1. Pyare Lal Bhat 198 01/06/2001 2. Varinder Kumar 3. Sheikh Abdul Rashid 179 19/12/2000 4. Fareed Ahmed Khan 5. Mohd. Yousaf Mir 184 19/12/2000 6. Farooq Ahmed Kirmani 185 19/12/2000 7. Kailash Chander 188 01/01/2001 8. Abdul Rashid Lone 193 01/05/2001 9. Saif-ud-Din Shah 194 01/05/2001 10. Sham Sundar Sharma 196 01/05/2001 11. Ghulam Haider Badhana(ST) 35 15/04/1998 12. Ghulam Hassan Shah 13. Mir Mohd. Chowdhary 14. Mohd. Shafi Mir (RBA) 83 12/07/1999 105. In Govt. Order No. Home 149(P) of 2004 dated 21/04/2004, final seniority position of Dy. SP (Executive) was declared and settled. In this final seniority list by reference to array of all parties as figuring in SWP No. 3065/2010, the respondents 30 to 49 were shown at serial numbers 9 to 47 ahead of 1999 appointed Dy. SP, whereas the respondents 8 to 29 which included the appellants, were shown at serial numbers 168 to 199 being junior to 1999 direct appointed Dy. SP. The respondents 30 to 49 of SWP No. 3065/2010 figuring at serial numbers 9 to 47 in the seniority list of Govt. Order No. Home 149(P) of 2004 dated 21/04/2004 of Dy. SP are the 37 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 ones who were figuring as respondents in SWP No. 1208/1986 read with SWP No. 3586/1997 with respect to whom the judgment dated 29/11/2004 of learned Single Bench directed the placement of the writ petitioners of SWP No. 1208/1986 and SWP No. 3586/1997 ahead of them. 106. In SWP No.1208/86, the respondents figuring at serial No. 86 Ghulam Qadir Parray, serial No. 84 Abdul Rashid Khan, serial No. 76 Bashir Ahmad Maqdoomi, serial No. 111 Ghulam Nabi Khan, serial No. 5 Ashaq Masih and at serial No. 80 Makhan Lal Warikoo had become Dy.SP by virtue of Government Order No. Home (Police) 100 of 1992 dated 31/03/1992. 107. Similarly, the respondents figuring at serial No. 82 Abdul Aziz Rather, serial No. 83 Mohd Afzal Khan, serial No. 84 Abdul Rashid Khan and at serial No. 85 Ghulam Ahmad Bhat were accorded officiating promotion as Dy.SP vide Govt. Order No. Home-30(P) of 1993 dated 25/01/1993. Respondent No. 55 Om Prakash was also accorded officiating promotion as DySP vide Govt. Order No. Home-173(P) of 1993 dated 18/05/1993. Respondents at serial No. 16 Krishna Lal Trikha and at serial No. 50 Triloki Nath Bhat stood promoted as Dy.SP vide Govt. Order No. Home (P) 283 of 1994 dated 11/11/1994. Respondent No. 30 Sansar Chand was promoted as Dy.SP vide Govt. Order No. 45 Home of 1997 dated 06/02/1997. 108. When we bear in mind the facts and circumstances which had concretized upon issuance of Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 read with Govt. Order No. Home-508(P) of 2010 dated 29/04/2010 issued in letter and spirit compliance of the Hon’ble Supreme Court of India’s judgment dated 05/12/2007 in terms whereof the seniority status of the appellants herein and the co-petitioners in SWP No. 38 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 1208/1986 & SWP No. 3586/1997 was meant to settle and last forever till the end of their service bringing the contemporary service benefits accordingly, we are convinced that the learned Single Bench ought not to have disturbed the position which came to be settled in terms of Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 at the asking of the writ petitioners of SWP No. 1208/1986 & SWP No. 3586/1997 as the appellants alongwith co-petitioners of SWP No. 1208 of 1986 and SWP No. 3586 of 1997 had not litigated against the petitioners of SWP No. 1620/2008 & SWP No. 3065/2010 . In fact, we are left wondering that when learned Single Bench itself came directing the writ respondents No. 1 to 5 who being the State of Jammu & Kashmir and PHQ in particular to undertake fresh exercise in compliance of writ court judgment dated 29/11/2004 upheld by the Hon’ble Supreme Court of India in terms of its judgment dated 05/12/2007, how come then the learned Single Judge came to an assured finding to hold that Govt. Order No. Home-597(P) of 2008 dated 04.09.2008 was not in compliance to the Hon’ble Supreme Court of India’s judgment dated 05/12/2007 read with Single Bench judgment 29/11/2004. 109. If Govt. Order No. Home-597(P) of 2008 dated 04.09.2008 was in any sense bothering the writ petitioners of SWP No. 1208/1986 & SWP No. 3586/1997, then the learned Single Bench ought to have referred the petitioners of said two writ petitions to taken recourse to the Hon’ble Supreme Court of India by reference to Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 registering their respective grievance that in compliance of its judgment dated 05/12/2007 their respective seniority was purportedly compromised and undermined rather than agitating the matter in a writ petition before the learned Single Bench to question the very vires of Govt. Order No. Home-597(P) of 2008 dated 04/09/2008. 39 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 110. We have no doubt that in the name of framing and re-framing of seniority list of Dy.SP and SP post Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 read with Govt. Order No. Home-508(P) of 2010 dated 29/04/2010, both Govt. of UT of J&K as well as PHQ have been indulging in jugglery of things being caught in their own self-created accumulating mess. Thus, whatsoever has been done by purported reference to the constitution and reconstitution of committees leading to passing of series of orders in 2019 and in 2020, the same is nothing but a patchwork done to give semblance of amend being made to the situation otherwise it is incomprehensible that even in year 2020, the seniority of Dy. SP and SP as obtaining in 2000 is being purportedly set to correction. 111. We are well conscious that something is better than nothing and therefore whatsoever the exercise has been given effect to in year 2019 and 2020 at the end of the Govt., and PHQ be not undone by us as much water has now flown down the stream but surely with respect to the appellants herein they cannot be left to wonder as to what gain they attained by their marathon run of litigation from 1986 onwards till date only to be told that they would stay wherefrom they had been constrained to fight for their seniority as SI being stolen a march by their juniors who eventually ended up with all service benefits and gains. 112. 112. Thus, we shall not be understood to undermine the purported exercise so done in 2019 and 2020 as we have not examined the same on legal side but surely with respect to the fourteen (14) appellants herein we are inclined to restore justice due to them which is that their service status is to stay to be governed by the position as accorded to them in terms of Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 read with Govt. Order No. Home-508(P) of 2010 dated 29/04/2010. 40 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 113. We are conscious of the fact that the appellants in particular, and the writ petitioners in SWP No. 1208/1986 & SWP No. 3586/1997 in general, all had accepted the mandate and effect of Govt. Order No. Home- 597(P) of 2008 dated 04/09/2008 read with Govt. Order No. Home- 508(P) of 2010 dated 29/04/2010 and, therefore, they were contended to bear the restorative effect granted in terms of Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 related to revision of their seniority with a corresponding promotion accordingly from the rank of Sub-Inspector onwards. 114. We, accordingly, modify the Single Bench judgment to this effect by only holding the appellants, fourteen (14) in number now, to be entitled to the service benefits and effect in its entirety from the position vested and bestowed upon them in terms of Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 read with Govt. Order No. Home-508(P) of 2010 dated 29/04/2010 till their respective date of retirement and post-retirement corresponding retiral benefits to be accordingly extended. 115. However, the service benefits and effects to be accorded to the appellants by reference to Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 shall be notional in terms of pecuniary benefits till their respective superannuation which otherwise were to coincide with their corresponding promotion, but in terms of the retiral benefits the appellants shall be entitled to actual benefits by their revised service status. 116. We make it clear to the respondents No. 1 to 4 that the benefits, notional as well as actual, to be granted in favour of the appellants by reference to Govt. Order No. Home-597(P) of 2008 dated 04/09/2008 as hereby directed, shall be if not better but surely in equivalence with likes of Abdul Gaffar Malik with respect to whom Govt. Order No. Home-305(P) of 2007 dated 04/07/2007 was passed and others who admittedly was/were 41 LPASW No. 113/2012 c/w CCP(D) No. 4/2020 junior to the appellants in the cadre of Sub Inspector but availed progression in service ahead of the appellants. In granting aforesaid relief in favour of the fourteen (14) appellants, we are taking due note of the fact that good number of their juniors who figured as respondents in the aforesaid two writ petitions i.e. SWP No. 1208/1986 & SWP No. 3586/1997 came to be accorded service status and benefits by reckoning their position as seniors to the appellants. Abdul Gaffar Malik, ASI is one of the examples of said service benefit being accorded to him ahead of the appellants herein despite being junior to them. 117. The relief hereby granted is to be restricted exclusively for the fourteen (14) appellants herein and not to their co-petitioners who figured in SWP No. 1208/1986 & SWP No. 3586/1997 who did not choose to come forward with challenge to the learned Single Bench judgment dated 22/12/2011 in SWP No. 1620/2008 & SWP No. 3065/2010. 118. Compliance to be done to the directions hereby being given in favour of the appellants within a period of sixty days from the date of passing of this judgment failing which the respondents No. 1 to 4 shall render themselves answerable and accountable. 119. Disposed of accordingly. 120. In view of the disposal of the main appeal, contempt proceedings in CCP(D) No. 4/2020 are also dropped. (RAHUL BHARTI) JUDGE (RAJNESH OSWAL) JUDGE JAMMU 12.12.2025 Muneesh Whether the judgment is speaking : Yes Muneesh Sharma 2025.12.15 01:24 I attest to the accuracy and integrity of this document