Hasnain Massodi, J.

1. Respondents were way back in 1973, temporarily appointed as "Guardsmen" on consolidated pay of Rs. 30 + Rs. 114 as Dearness Allowance per month, in the Home Guards Department. They were subsequently vide Government Order No. Home-329 (Police) of 1979, dated 04-07-1979, placed in the pay scale of Rs. 210-4-250-EB-6-300. The State Government on 29th November 1982, took a policy decision to declare and constitute Home Guard as a permanent Department. The State Government, to address the problem of stagnation, in same post/pay scale, in government services vide SRO 14 of 1996, notified Jammu and Kashmir (Higher Standard Pay Scale Scheme) Rules 1996. In terms of the Rules, the Government servant stagnating in same post because of absence of promotional avenues, for nine years is to get in situ promotion to the next grade. In all, the government servant in terms of Rules is entitled to get three in situ promotions after interval of nine years during his/her service career, in case he/she is made to stagnate in same pay scale for 27 years.

2. Respondents, stagnated in the same pay scale for 18 years, and were granted first and second in situ promotions. Howe