1. The State Government appellant herein, vide government order no. 222-Ind of 1988 dated 29th July 1988 accorded sanction to transfer of 35 Carpet Training Centres detailed in an-nexure-A to the order, along with staff listed in annexure-B, run under Massive Carpet Training Programme from J&K Handicrafts (S&E) Corporation to Handicrafts Development Department. Para 3 of the order dealt with the terms and conditions on which the staff of the said Carpet Training Centres was transferred to Handicrafts Development Department of the State Government. It reads as under: "(3) . . . It is further ordered that: a) The staff transferred from J&K Handicrafts (S&E) Corporation to Handicrafts Development Department shall continue to be governed by the terms and conditions as in J&K Handicrafts (S&E) Corporation till further orders; b) The vacant posts will not be filled up by the Director of Handicrafts/Corporation". 2. The appellant vide government order no. 414-Ind of 1997 dated 1st. Oct. 1997 transferred the remaining 20 Carpet Training Centres from J&K Handicrafts (S&E) Corporation to J&K Handicrafts Department with effect from 1st. Oct. 1997. 3. Vide government order no. 149 of 2005 dated 2nd June 2005 sanction was accorded to absorption of 468 employees of erstwhile Massive Carpet Scheme transferred to J&K Handicrafts Department as a separate scheme in the Handicrafts Department with pay scale as detailed in annexure to the order. The employees of the erstwhile Massive Carpet Scheme absorbed in the Handicrafts Department included the employees of 55 Carpet Weaving Centres transferred to the Handicrafts Development Department vide government order no. 222-Ind of 1988 dated 29 July 1988 and government order no. 414-Ind of 1997 dated 1st. Oct. 1997. Para (b) of the government order is relevant to the present controversy and needs to be noticed: "a) xxxxxx b) Sanction is hereby accorded to their entitlement to pensionary benefits as provided under J&K CSR. However, the vacancies that occur in any cadre due to retirement/promotion or otherwise shall be deemed to have been abolished. c) Xxxxxxx" 4. The order dated 2nd June 2005 was followed by the Government Order no. 198-Ind of 2008 dated 25.7.2008. However, the vacancies that occur in any cadre due to retirement/promotion or otherwise shall be deemed to have been abolished. c) Xxxxxxx" 4. The order dated 2nd June 2005 was followed by the Government Order no. 198-Ind of 2008 dated 25.7.2008. The order reads as under: Sanction is hereby accorded: "(1) to the revision of pay scales of the employees of erstwhile Massive Carpet Scheme permanently absorbed in the Directorate of Handicrafts vide abovementioned government order to bring them at par with their counterparts in the Directorate of Handicrafts. Annexure to the government order no. 149-Ind of 2005 dated 2nd June 2005 shall be deemed to have been amended accordingly with effect from 2nd June 2005 as per the annexure to this order; (2) to the regularization of services rendered by employees of the Massive Carpet Scheme as part in J&K Handicrafts Corporation from the date they joined in the Massive Carpet Scheme on notional basis, for the purpose of pensionary benefits only; (3) to recover the employers share of contribution towards central provident fund (CPF) as contributed along with interest accured thereon from time to time, up to the date of absorption and the depositing of the same in the appropriate head of account". The order no. 149-Ind of 2005 dated 2nd June 2005 by directing that the vacancies that occur in any cadre due to retirement/promotions or otherwise shall be deemed to have been abolished in effect sealed all the promotional avenues for the employees of erstwhile Massive Carpet Scheme transferred to the Department of Handicrafts vide government order no. 222-Ind of 1988 dated 1988 dated 29th July 1988 and 414-Ind of 1997 dated 1st. Oct 1997. 5. Aggrieved with the refusal of the appellants to accord consideration to their promotion against the posts of Managers in the Massive Carpet Scheme in the pay scale of Rs. 7500-12000 that had become available due to retirement and promotions, the employees of the erstwhile Massive Carpet Scheme transferred to the Handicrafts Department, filed the writ petition registered as SWP no. 1672/2009. 7500-12000 that had become available due to retirement and promotions, the employees of the erstwhile Massive Carpet Scheme transferred to the Handicrafts Department, filed the writ petition registered as SWP no. 1672/2009. The writ petitioners respondents herein, on the strength of the averments made in the petition sought following reliefs: "i) A writ, order or direction including one in the nature of mandamus commanding upon the respondents to accord consideration to the promotion of the petitioners against the available posts of Managers, keeping in view their stagnancy, eligibility and seniority and to provide adequate chances of promotion in their favour; ii) A writ, order or direction including one in the nature of certiorari declaring the policy of the respondents to foreclose the chances of promotion of the petitioners forever, as ultra vires to constitution. iii) A writ, order or direction including one in the nature of mandamus commanding upon the respondents to release the insitu grade promotion in favour of the petitioners in accordance with the mandate of relevant rules along with arrears and fix their pay accordingly. 6. The writ court on 9th Feb. 2012 disposed of the writ petition in the following manner: "I) By issuance of writ of certiorari, the following part of the clause (b) of the government order no. 149-Ind of 2005 dated 2nd June 2005 is quashed. ... However, the vacancies that occur in any cadre due to retirement/promotion or otherwise shall be deemed to have been abolished. II) By issuance of writ of mandamus, respondents are directed to consider the claim of the petitioners for being appointed by way of promotion on the next higher post. While considering the claim of the petitioners, the respondents will also accord consideration to the claim of three retired petitioners. III) The respondents are further directed to get pay parity issue settled either by (Pay) Anomaly Committee or by any appropriate authority. The respondents also to consider the claim of the petitioners for grant of insitu promotion in terms of J&K Civil Services (Higher Standard Pay Scale) Rules 1996. This exercise be initiated and concluded by the respondents preferably within a period of twelve weeks from the date copy of this order is served on them. Disposed of along with all connected CMP(s)". 7. This exercise be initiated and concluded by the respondents preferably within a period of twelve weeks from the date copy of this order is served on them. Disposed of along with all connected CMP(s)". 7. The appellants -respondents before the writ court, have come up with the LPA on hand to question the writ court judgment on the grounds detailed in the memorandum of appeal. 8. We have heard Mr. Chesti, learned AAG, appearing for the appellants and have gone through the memorandum of appeal and the writ record. 9. The main edifice of the appellants case is that after the employees of erstwhile Massive Carpet Scheme accepted the employment of J&K Handicraft Development Department in terms of government order no. 222-Ind of 1988 dated 29th July, 1988, they cannot be allowed to turn around and question the terms and conditions spelt out in the afore-stated government order deemed to have been accepted by them. The counsel for the appellants while dilating on the grounds urged in the memorandum of appeal to question the writ court judgment states that as per para 3 (b) of the aforesaid government order, the employees of erstwhile Massive Carpet Scheme including the present respondents accepted that the vacant posts were not to be filled up by the Directorate of Handicrafts/Corporation and the respondents cannot wriggle out of the said condition in the order dated 29th July 1988, after they joined in the Handicraft Development Department and continued to serve the department for last more than two decades. The government order no. 149-Ind of 2005 dated 2nd June 2005 whereby the employees of erstwhile Massive Carpet Scheme Training Programme including the respondents were absorbed in the Handicrafts Development Department, according to the appellants, is to be read in continuation wit hand as part of the initial order dated 29th July 1988. The respondents, it is insisted, cannot crave for any promotion as they by their own conduct have surrendered their right to be considered for promotion by consenting to abolition of the vacancies that would become available due to retirement or promotion in the department. The writ court, according to the appellants, failed to appreciate this aspect of the case. 10. The case set up and the argument advanced is bereft of any merit. The writ court, according to the appellants, failed to appreciate this aspect of the case. 10. The case set up and the argument advanced is bereft of any merit. The conditions subject to which the respondents and other employees of the erstwhile Massive Carpet Training Programme transferred to J&K Handicraft (S&E) Corporation to J&K Handicraft Development Department are delineated in government order no. 222-Ind of 1988 dated 29th July 1988. Interms of para 3 (a) of the order, the respondents and their colleagues are to continue to be governed by terms and conditions of their employment in J&K Handicraft (S&E) Corporation. The government order dated 29th July 1988 makes use of expression till fur-:her orders in para 3 (a)making it clear :hat the government may down the line oermanently absorb the respondents and their colleagues in the Handicraft Development Department and provide that they would be governed by the rules that govern other employees of the department. In para 3 (b), the Director Handicrafts Development Department/J&K Handicraft (S&E) Corporation are asked not to fill up the vacant posts. The para 3 (b) of the aforesaid order refers to the vacant posts in the Massive Carpet Training Programme available as on date of the order. It does not say that all future vacancies that may become available due to retirement and promotion would be left unfilled for all times to come or such posts deemed to have been abolished. The government order no. 149-Ind of 2005 dated 2nd June 2005 cannot override, nullify or dilute the fundamental conditions detailed in government order no. 222-Ind of 1988 dated 29th July 1988 that govern the transfer of the respondents and their colleagues of Massive Carpet Training Programme from J&K Handicrafts (S&E) Corporation to J&K Handicrafts Development Department. 11. The government order no. 149-Ind of 2005 dated 2nd June 2005 while according sanction to absorption of the respondents and their colleagues in the Handicrafts Development Department surprisingly blocks all the promotional avenues of the respondents and their colleagues from Massive Carpet Training Programme by providing that the vacancies available due to retirement/promotion shall be deemed to have been abolished. The condition is not only in conflict with the government order no. The condition is not only in conflict with the government order no. 222-Ind of 1988, dated 29th July 1988 but offends the mandate and spirit of the Article 16 Constitution of India. It needs no emphasis that right to be considered for promotion is an integral and inseparable part of right to equality of opportunity in matters relating to employment or appointment to any office under the state guaranteed under Article 16 Constitution of India. The state as a model employer is not to be expected to formulate, abolish or prescribe a rule that leads to stagnation of a class of employees in the same post till they retire on superannuation. Para (b) of the government order no. 149-Ind of 2005 dated 2"clJune 2005 if interpreted in the manner learned counsel for the appellants wants this court to interpret, would not only run contrary to the initial government order i.e. order no. 222-Ind of 1988 dated 29th July 1988, but shall also violate the spirit and mandate of Articles 14 and 16 of the constitution of India. 12. There is, therefore, no scope for disagreement with learned writ court that denial of promotion to the respondents and their colleagues in the name of abolition of all vacancies that become available due to retirement/promotions would infringe the fundamental right of the respondents. It is rightly pointed out by the writ court that once the appellants have favoured some of the employees of Massive Carpet Training Programme transferred from J&K Handicrafts (S&E) Corporation to J&K Handicrafts Department, they cannot abruptly declare the available posts to be deemed to have been abolished and in the process seal the promotional avenues available to the respondents. The very fact that the government order no. 149-Ind of 2005 dated 2nd June 2005 makes mention of availability of the posts due to the promotion is indicative of the promotions affected by the appellants at different levels prior to the aforesaid order. It is also pertinent to point out that the appellants have gone a step further and vide government order no. 149-Ind of 2005 dated 2nd June 2005 makes mention of availability of the posts due to the promotion is indicative of the promotions affected by the appellants at different levels prior to the aforesaid order. It is also pertinent to point out that the appellants have gone a step further and vide government order no. 198-Ind of 2008 dated 25th July 2008 ordered revision of the pay scales of the employees of the erst-while Massive Carpet Training Programme permanently absorbed in the Directorate of Handicrafts and regularization of services rendered by them as employees of Massive Carpet Training Programme from the date they joined the scheme so as to make available pensionary benefits to them. The effort therefore has been to integrate, step by step the employees of the erstwhile Massive Carpet Training Programme with the Handicraft Development Department and extend benefits available to other employees to the respondents and their colleagues. Para (b) of the government order in the circumstances cannot be interpreted in a manner that runs contrary to the overall scheme reflected in government orders bearing no. 222-Ind of 1988 dated 29th July 1988, no. 414-Ind of 1997 dated 1st Oct 1997, No. 149-Ind of 2005 dated 2nd June 2005, and no. 198-Ind of 2008 dated 25th July 2008. 13. The next ground urged by the appellants is what they call grant of relief by the writ court beyond the prayer made by the respondents in the writ petition. The plea is equally specious and better to be ignored. The respondents in para 2 of the writ petition asked for a writ of certiorari declaring the policy of respondents to foreclose the chances of the promotion of the petitioners for ever, as ultra vires to the constitution. The prayer made brings within its fold quashment of para (b) of government order no. 149-Ind of 2005 dated 2nd June 2005 to the extent it provided for abolition of all the posts that may become available due to retirement/promotion or otherwise. The writ court in the circumstances cannot be said to have traveled beyond the pleadings and granted a relief not sought by the respondents. 14. For the reasons discussed the appeal is devoid of any merit and is accordingly dismissed.