1. The short and the only question involved for consideration in this case is the fixation of seniority between the promotees and direct recruits appointed to the rank of Sub-Inspectors of Police. This question was first raised by the promotees in SWP No. 240 of 1992 titled Mehraj-ud-din and others versus State and others decided on 31-07-1998. The same question was agitated by the promotees in SWP No. 4796-4822/1996 decided by a learned Single Judge of this Court on 09-09-1998.

2. The Director General of Police being the appointing authority implemented the judgment vide order No. 4016 of 1998 dated 04-12-1998. Simultaneously with the issuance of this order, seniority list of Sub-Inspectors of J&K Executive Police as on 31 -11-1998 was also notified. The petitioners challenged the order dated 04-12-1998 (supra) on the basis of which the seniority of the direct recruits as well as the promotees has been determined on the grounds:

i) that the same has been determined in violation of the judgment sought to be implemented and

ii) that it is against the notification issued vide SRO-104 dated 15-02-1978 by virtue of which recruitment to the rank of Sub-Inspectors is