JUDGMENT

Dr. B.S. Chauhan, J.-These appeals have been preferred against the impugned judgment and order dated 22.7.2001, passed by the High Court of Jammu & Kashmir at Jammu in SWP No. 1393 of 1999, and judgment and order dated 1.8.2002 passed in LPA No. 275 of 2002.

2. The facts and circumstances giving rise to these appeals are mentioned as under :

(A) The appellants and contestant respondents are Assistant Commandants in the Border Security Force (hereinafter referred to as, `BSF’). The appellants and respondent nos. 4 and 5 are direct recruits, while respondent no.1 has been promoted against the quota of 10 per cent posts, that are reserved for Ministerial Cadre posts.

(B) The Union of India – respondent no.2, issued a seniority list dated 18.7.1995, placing respondent no. 1 at Serial No. 1863, below all the officers of Batch No.17 and thereafter, a final seniority list of Assistant Commandants was published on 5.7.1996.

(C) Respondent no.1 challenged the said seniority list in which he was ranked below the officers of Batch No. 17, by filing Writ Petition No. 1393 of 1999, on the ground that with effect from 15.3.1993, he stood promoted as Assistant Commandant, and that he