1. With the consent of the learned counsel for the parties, this petition was admitted and heard for final disposal. 2. Petitioners are holding the post of Legal Assistant and borne on the cadre of Law Officers Service constituted in terms of Government Order No. 1467-LD(Estt) of 1997 dt. 13th of Aug'97. It is a separate service from that of Jammu and Kashmir Legal (Gazetted) Service as well as Jammu and Kashmir Legal (Subordinate) Service. The said service consists of following posts: - i/Public Law Officer Grade-I in the scale of Rs.2200-3800. ii/Public Law Officer Grade-II (Pay scale Rs.2125-3600/-). iii/Legal Assistants- Rs.2000-3200/-. iv/Junior Legal Assistant-Rs.1400-2600/-. 3. No separate Recruitment Rules have been promulgated for the above service and the appointments and promotions to various cadres of service are made by way of executive fait. Instead of finalizing the recruitment rules of Law Officers service, the respondents decided to merge the cadre of the said service into J&K Legal (Subordinate) Service and J&K (Legal) Gazetted Service, as the case may be. The decision in this case taken in terms of Government Order No. 1884-LD(Estt) of 2010 dt. 26th of Aug'10, is subject to the following conditions:- a/All posts of Law Officers Service would be amalgamated and made part of J&K Legal( Gazetted) Service and J&K Legal (Subordinate) Service, as the case may be; b/That necessary amendments would be made in the J&K Legal (Gazetted) Service as also the J&K Legal(Subordinale) Service, for inclusion of posts of Law Officers Service; c/That after such amalgamation, the Law Officers Service constituted vide Order dt. 13th of Aug'97, would cease to exist. 4. Even though, decision to amalgamate the two services has been taken, however, no such order has been passed by the respondents in this behalf. It is also important to note that no necessary amendments, as has been mentioned in the order dt. 26th of Aug'10, have been effected in the Legal (Gazetted) Service as well as Legal (Subordinate) Service. The respondents have referred 15 posts of Assistant Legal Remembrancers/Public Law Officers, for making direct recruitment to the Public Service Commission and in pursuance to the said requisition so received, the Commission has invited applications vide notification dt. 24th of Sept'10, for filling up these posts. Further notification dt. 11th of Nov'10, for conduct of screening test in this regard, has also been issued by the Commission. 24th of Sept'10, for filling up these posts. Further notification dt. 11th of Nov'10, for conduct of screening test in this regard, has also been issued by the Commission. It is the above notifications which are questioned by the petitioners in this petition. 5. The stand of the petitioners is that while referring the aforementioned posts not only the post of Assistant Legal Remembrancer but also that of Public Law Officer has been referred to, which in terms of the J&K Legal (Gazetted) Service Recruitment Rules, 1980, is required to be filled up 60% by promotion and 40% by direct recruitment. While referring these posts, no amendment has been effected either in the Legal (Gazetted) Service or Legal (Subordinate) Service. It is contended that:- a/the rota-quota rule has not been adhered to; b/the post of Assistant Legal Remembrancer/Assistant Legal Draftsman and that of Public Law Officer, is required to be filled up 60% by promotion and 40% by direct recruitment; c/unless 60% quota by promotion is filled up, no process for direct recruitment can be resorted to; d/the post of Assistant Legal Remembrancers and Public Law Officer cannot be clubbed together as there is no amalgamation of Legal (Gazetted) Service and Legal (Subordinate) Service; e/without notifying the quota rule prescribed under the J&K Legal (Gazetted) Service, the quota of petitioners is being usurped as according to them, only 22 posts are available, out of which approximately 8.5% of posts could be filled up by direct recruitment and rest by promotion. 6. On the other hand, the stand of the respondents is that all the posts in the Law Officers Service would be amalgamated and made part of the J&K Lega (Gazetted) and Legal (Subordinate) Service, and necessary amendments in this behalf are on the anvil. After amalgamation, the Law Officers Service created vide order dated 13th of Aug'97, shall cease to exist. It is reiterated that after the issuanc of order dt. 26th of Aug'10, all the services are now part of J&K Legal (Gazetted Service and J&K Legal (Subordinate) Service, as the case may be. In this regard necessary amendment in the rule is under process. The total cadre strength Assistant Legal Remembrancer/Public Law Officer is 41 + 10 cadre posts. It is reiterated that after the issuanc of order dt. 26th of Aug'10, all the services are now part of J&K Legal (Gazetted Service and J&K Legal (Subordinate) Service, as the case may be. In this regard necessary amendment in the rule is under process. The total cadre strength Assistant Legal Remembrancer/Public Law Officer is 41 + 10 cadre posts. It is however, admitted that as per the existing J&K Legal (Gazetted) Service Rules, 40 of the posts are to be filled up by direct recruitment and 60% by way of promotion. It is on the basis of this statement made by the respondents, the total number of vacancies available in the direct recruitment quota for the post of Assistant Legal Remembrancers and Public Law Officer is shown to be 15. 7. It is further contended that the petitioners are holding the post of Junior Legal Assistant on substantive basis. They have been promoted as Legal Assistants in the year 2006-07 except petitioners 9 and 12. Petitioner No. 9 is said to have been appointed as Legal Assistant in the year 2009 and petitioner No. 12 is said to have been promoted as Legal Assistant in the year 2009. What is being stated is that the case of the petitioners who stand promoted as Legal Assistants is subject to clear­ance by the Departmental Promotional Committee which stands already consti­tuted in this behalf. It is stated that their appointment as Legal Assistant will assume permanency only after clearance by the Departmental Promotion Committee. 8. I have heard learned counsel for the parties. 9. On 30th of Dec'10, direction was issued by this court whereby the respon­dents were directed to furnish the statement of actual clear vacancies of Assistant Legal Remembrancer, Assistant Director Litigation, Public Law Officer and Chief Reporter. In compliance, an affidavit indicating the vacancy position has been filed by one Achal Sethi, Deputy Legal Remembrancer. The said affidavit which is taken on record reveals that there are 39 posts of Public Law Officers and 10 posts in the category of Assistant Legal Remembrancer, Assistant Director Litigation and Chief Reporter. The affidavit further reveals that four posts out of the said category are required to be filled up by direct recruitment and 4 more posts are likely to become available as a result of promotions in the service. 10. As noticed above, vide order dt. The affidavit further reveals that four posts out of the said category are required to be filled up by direct recruitment and 4 more posts are likely to become available as a result of promotions in the service. 10. As noticed above, vide order dt. 13th of Aug'97, a separate service of Law Officers was created which was put under the administrative control of the Law Department of the State. The officers designated in the said service include Public Law Officer, Grade-I, Public Law Officer Grade-II, Legal Assistants and Junior Legal Assistants. In pursuance to the order dt. 26th of Aug'10, sanction has been accorded for creation of following posts in the Jammu and Kashmir Legal (Gazetted) Service:- (i) Special Secretary, (ii) Additional Secretary and (iii) Senior Law Officer. 11. The creation of the said posts is subject to the conditions already noticed above. An essential condition is that there will be amalgamation of all the posts in the Law Officer's Service with the J&K Legal (Gazetted) Service and J&K Legal (Subordinate) Service, as the case may be. As a sequel to that, necessary amend­ments would be effected in both the above services for inclusion of the posts of Law Officers Service and after amalgamation, the service of Law Officers created vide Order dt. 13th of Aug'97, shall cease to exist. 12. It be seen that the above process as indicated in Government Order dt. 26th of Aug'10, is yet to conclude. As is revealed from the stand taken by the respondents, the matter is under active consideration of the Government and is expected to be complete at the earliest. It is in the light of this, the contention of the petitioners, as noticed above, is required to be examined. 13. Undoubtedly, there is no amalgamation as on the date, of the two services aforementioned. Consequently, notifying the post of Public Law Officer for being filled up by direct recruitment will result in great anomaly. Unless and until, there is amalgamation as referred to in the order dt. 26th of Aug'10, the service of Law Officers will be a different service than the J&K Legal (Gazetted) Service or the J&K Legal (Subordinate) Service. The appointment in terms of the Jammu and Kashmir Legal (Gazetted) Service Recruitment Rules, 1980, has to be done in the ratio of 60:40, i.e. 60 percent by promotion and 40% by direct recruitment. 26th of Aug'10, the service of Law Officers will be a different service than the J&K Legal (Gazetted) Service or the J&K Legal (Subordinate) Service. The appointment in terms of the Jammu and Kashmir Legal (Gazetted) Service Recruitment Rules, 1980, has to be done in the ratio of 60:40, i.e. 60 percent by promotion and 40% by direct recruitment. Assuming that the respondents are relying upon the J&K Legal (Gazetted) Service Rules without indicating the quota of the promotees in the said service, the rights of the petitioners who belong to the said category, are likely to be affected. There is no executive fait also issued by the respondents in this regard as to how the not a quota rule is to be implemented in the present case. 14. The other issue that requires attention is that while making the promotion from the J&K Legal (Subordinate) Service, the amalgamation of the Law Officers in the above service is yet to take place. Their entitlement and interse seniority is required to be fixed before they can claim right of promotion to the higher post. These are the main issues which confront the respondents in the present case. 15. Faced with the above situation, it is contended by the learned Additional Advocate General, appearing for the respondents, that the petitioners' interest can be safeguarded adequately by leaving the quota to which they are entitled to under the rules unfilled. The stand of the respondents in this regard is that the petitioners. should feel satisfied with this as what ultimately they would be entitled is their quota in the said service after amalgamation is effected. To say it candidly, all those persons belonging to the Law Officers service have a genuine apprehension that in case, the posts are referred for direct recruitment, this will eat away their quota in the said service. 16. In view of the stand taken by the learned AAG, Mr. Shukla, learned counsel for the petitioners submitted that while making direct recruitment, the quota of promotees to which category the petitioners belong, should not be usurped. 17. Going by the statement made by the respondents that there are approxi­mately 39 vacancies of Public Law Officers and 10 posts in the category of Assistant Legal Remembrancers, Assistant Director Litigation and Chief Reporter, 60% posts are required to be kept reserved for promotees. However, an objection has been taken by Mr. 17. Going by the statement made by the respondents that there are approxi­mately 39 vacancies of Public Law Officers and 10 posts in the category of Assistant Legal Remembrancers, Assistant Director Litigation and Chief Reporter, 60% posts are required to be kept reserved for promotees. However, an objection has been taken by Mr. Shukla, that the anticipated 7 vacancies as per the affidavit filed by respondents, cannot be construed to be the available vacancies, as such, these should not be counted towards the vacancies under direct recruitment quota. 18. I would not like to comment on this issue at this stage. Since the respondents have reflected the vacancy position in the affidavit filed by them, I would, therefore, direct the respondents that they may go ahead with the selection process under the direct recruitment quota after determining the vacancies which would fall to their share on the basis of available vacancies as reflected in the affidavit. The rest of the vacancies which fall under 60% of promotion quota, should not be filled up by the respondents till there is amalgamation of the service and appropriate amendments as stated in Government Order dt. 26th of Aug'10, are made by the respondents. "The result of this selection process initiated for direct recruitment shall not be declared till the finalization of amalgamation of two services and consequent amendments are made in the Rules. The amendments which are sought to be effected would also reflect the method and manner in which the seniority of existing Legal Assistants is to be determined after amalgamation of two services. Let this exercise be completed on or before 31st of March'2011. 19. The petition is disposed of accordingly with the above observations. 20. The index of the file shall be maintained and be listed for compliance of order on 8th of April' 11.