JUDGMENT :

1. This judgment will dispose of two petitions filed by the Petitioner herein, wherein the petitioner seeks protection and enforcement his legal and fundamental rights by exercise of extra-ordinary writ jurisdiction conferred under Article 226 of the Constitution to undo the wrong committed by the Respondent in regularizing his service from a later date and not from the date of his initial appointment otherwise warranted under law and in the facts of the present case. The Petitioner seeks the reliefs claimed in the two petitions primarily on the ground of violation of the promise extended by the Respondent-Institute itself.

2. Before adverting to the grounds of challenge urged in the petition and the stand taken by the Respondents in their reply, facts emerging from the pleadings need a reference in brief hereunder:-

• Petitioner, after completing his MBBS degree in July, 1984 from University of Kashmir was appointed as Assistant Surgeon in the Directorate of Health Services, Kashmir, Srinagar after participating in the selection process undertaken by the Public Service Commission. The actual date of appointment, however, is not borne out from the records, nonetheless, the