Per R.C. Gandhi, J.

These two Letters Patent Appeals have been directed against the judgment dated 12.7.1999 delivered by the learned Single Judge in SWP No. 279/1990 titled Mohammad Afzal Mukhdoomi v. State and Others whereby while allowing the writ petition, direction has been issued to re-determine and assign the seniority to the writ petitioner, Mohammad Afzal Mukhdoomi respondent No. 1 herein, vis--vis respondents 4, Farooq Ahmad Zargar and respondent No. 5 Bashir Ahmad Bhat, appellant herein, for purposes of promotion to the post of Head Assistant and Section Officer ahead of them. A further direction has also been issued that after considering the seniority in the grade of Senior Assistant, the respondent Director Fire Services, will consider Mohammad Afzal Mukhdoomi for promotion to the post of Head Assistant and Section Officer ahead of the respondents, whose promotion to the said posts being de hors the Rules shall be deemed as non est. Aggrieved of this order, the State of J&K and Bashir Ahmad Bhat, respondent No. 4, in the writ petition, have challenged the legality and correctness of the judgment under appeal.

2. The facts necessary for disposal of the appeals are that r

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