Alok Aradhe, J.

1. In this writ petition preferred under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir State, the petitioner inter-alia seeks quashment of order dated 13.08.2010, by which claim of the petitioner for promotion and for counting service rendered by him in the Army for the purpose of pension has been rejected. The petitioner also seeks a direction to the respondents to accord him promotion in terms of Rules, namely, Released Emergency Commissioned Officers and Short Service Commissioned Officers (determination of eligibility for promotion) Rules, 1975 (hereinafter to be referred as the Rules of 1975) and to decide his claim for fixation of pay in terms of the Central Civil Services (Fixation of pay of reemployed pensioners) Orders, 1986 (hereinafter to be referred as the Orders 1986) and to accord him all consequential benefits. In order to appreciate the grievance of the petitioner, few facts need mention, which are stated infra.

2. The petitioner was appointed as Short Service Commissioned Officer in the Army on 02.05.1986 and completed the training on 06.03.1987. The petitioner was promoted up to the