1. Issues which arise for determination in the present petitions are that whether a Government order could override the statutory rule, if so whether a Male Multipurpose Health Worker (MMPHW) is entitled to promotion to the post of Health Educator under the Jammu & Kashmir Health & Medical (Subordinate) Services Recruitment Rules, 1992 (for short the Rules).

2. The petitioners in SWP No. 01/2008 are substantively holding the post of Male Multipurpose Health Worker in the pay scale of Rs.3050-4590. They seek mandamus directing the respondents to forebear from considering an ineligible class of employees viz. Health Inspectors for the post of Health Educator against the quota fixed for in-service candidates, alternately they seek their promotion and appointment to the post of Health Educator.

3. Petitioners in SWP No. 315/08 are holding the posts of Health Inspectors. They state that under the rules they are entitled for promotion to the post of Health Educators but the respondents have under an order dated 21.9.2007 directed promotion of private respondents vide order Nos. 283/NG of 2007, 284/NG of 2007, 285/NG of 2007, 286/NG of 2007, 287/NG. The private respondents being Male Multipurpose Health Workers are not under the rules entitled to promotion to the post of Health Educators so the Government order is not in accordance with the recruitment rules.

4. Heard. I have considered the matter.

5. The rules, which were framed vide SRO No. 20 of 1992 dated 24.2.1992, have constituted a service called as the Jammu & Kashmir Health & Medical (Subordinate) Service. Under the schedule appended to the rules, the posts of Health Educator are to be filled up as under: -

Class	Category	Designation	Grade	Qualification	Mode of Recruitment
IV	(f)	Health Educator	1150-2050	i) Graduate	i) 25% by direct recruitment
				ii) Matric	ii) 75% by promotion from class V category (b) having five years service in that category.

6. Admittedly petitioners of SWP No. 315/08 are holding the posts of Health Inspectors as such they have quota of 75% fixed for promotion to the post of Health Educator under the rules, therefore, they are eligible for promotion to the post of Health Educator.

7. In SWP No.315/08 petitioners are admittedly holding the post of Male Multipurpose Health Worker. There is no provision under the rules for their promotion to the post of Health Inspectors as such they are not entitled to any such consideration under the said rules.

8. These petitioners admit that under the rules they do not have any avenue for promotion to the post of Health Inspectors. They, however, state that they represented to the Government for providing promotional avenues to them. The matter was considered by the Government and it was proposed to make amendment in the recruitment rules by incorporating Male Multipurpose Health Workers as one of the feeding categories to the post of Health Educator. In this behalf vide Government Order No.631-HME of 2007 dated 21.9.2007 the Government ordered that those Male Multipurpose Health Workers (MMPHW) who have ten years experience, shall be treated as one of the feeding categories to the post of Health Educator in the pay scale of Rs.5000-8000 on the basis of the sanctioned strength of each category. It is on the basis of this Government Order that promotions of some of the MMPHW have been ordered which is impugned in SWP No. 315/08.

9. These facts are not in dispute. It is admitted that vide Government Order No. 631-HME of 2007 dated 21.9.2007 the Government has ordered that Male Multipurpose Health Worker shall form one of the feeding categories to the post of Health Educator but the issue raised by Mr. Qayoom, the learned counsel for the petitioners (in SWP No. 315/2008) is that since the recruitment rules are still in force and no amendment has been made in the same in this behalf promotion to the post of Health Educator is to be governed by the existing rules only. On this basis, urge the petitioners the private respondents would not become e

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