1. SRO 14 of 1996 provide for time bound promotion. First, second and third in-situ promotion is to be granted to an employee who has stagnated on a post for a period of 9 years, 18 years and 27 years respectively. Said SRO 14 contains the rules known as the Jammu and Kashmir (Higher Standard Pay Scale Scheme) Rules 1996 (hereinafter referred to as H.S.P Rules 1996).

2. Petitioners have been granted first and second in-situ promotion but subsequently it has been noticed that their stagnation period for in-situ promotion was to be reckoned with effect from 01.06.1979 when their stagnation period has been reckoned with effect from 30.03.1973.

3. Petitioners earlier filed SWP No. 3944-46/96 captioned Mohammad Amin Wani & Ors v. State & Ors. Their grievance was that their services for the purposes of stagnation were to be reckoned from 30.03.1973. During the pendence of the petition, SRO 311 was issued by the Government in the year 1997, pursuant to which Rule 5AA has been added in the H.S.P. Rules 1996. In view of the same, counsel for the petitioner therein had made a submission that SRO 311 came into force which takes care of his grievance. Based on said submission petition has been d

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