Judgment Rajesh Bindal, J.—The petitioner has filed the present writ petition praying for quashing of Order No. 1215-HME of 2003 dated 28.11.2003, vide which the private respondents were promoted on adhoc basis as “Sister Tutor” and “Public Health Nurse”. Further prayer has been made for setting aside order dated 31.12.2013 whereby the private respondents have been promoted as Public Health Nurse on regular basis. Prayer has also been made seeking direction to the official respondents to promote the petitioner as Public Health Nurse from the date she completed five years of service as Junior Staff Nurse and as Sister Tutor from the date the petitioner had completed five year service in Category “B” of Class I of Schedule A of the Jammu and Kashmir Health and Medical (Subordinate) Service Recruitment Rules, 1992 (hereinafter to be referred as “1992 Rules”). 2. Learned counsel for the petitioner submitted that the petitioner was appointed as Junior Staff Nurse on 04.09.1991. After she joined the service, she got Diploma in Nursing Education and Administration in the year 2002. The respondent No.4 was appointed as Junior Staff Nurse on 02.06.1992, after the petitioner had joined as such. The respondent No. 5 was appointed as Junior Staff Nurse on 09.10.2001 i.e. more than ten years after the petitioner was appointed. 3. The post, to which the petitioner and the private respondents were appointed, is governed by the 1992 Rules. A Junior Staff Nurse with five years” experience is entitled for promotion as Public Health Nurse whereas a Public Health Nurse with five years” experience is entitled to be considered for promotion as Sister Tutor. The respondent No. 4 became eligible to be considered for promotion to the post of Public Health Nurse only on 02.06.1997, as she was appointed as Junior Staff Nurse on 02.06.1992. In any case, the petitioner being senior to her was entitled to be considered before that. 4. The respondent No.4 was promoted on adhoc basis as Sister Tutor on 28.11.2003, directly from the post of Junior Staff Nurse. That means double promotion at the same time. The respondent No.5 was promoted on adhoc basis as Public Health Nurse before even she was eligible to be considered as such for that post as she had not completed five years of service as Junior Staff Nurse. 5. That means double promotion at the same time. The respondent No.5 was promoted on adhoc basis as Public Health Nurse before even she was eligible to be considered as such for that post as she had not completed five years of service as Junior Staff Nurse. 5. The petitioner having come to know about illegal promotions granted to the private respondents, represented to the department. The Director Health Services vide letter dated 08.12.2004 forwarded the representation of the petitioner to the Commissioner/Secretary to Government, Health and Medical Education Department. In the seniority list of the Junior Staff Nurses of the department, as was circulated on 01.01.2008, the petitioner was shown at serial No.40, whereas respondent No.4 was shown at serial No. 42 and respondent No. 5 at serial No. 101. The petitioner was placed as in-charge Public Health Nurse, in her own pay and grade against the post available in ANMT School, Kathua on 26.06.2009. On the same day, vide a separate order passed by the Director, Family Welfare MCH and Immunization, the private respondents were promoted from the post of Junior Staff Nurse to the posts of Public Health Nurse, available in ANMT School, Kathua with immediate effect. 6. The learned counsel for the petitioner further submitted that this Court vide order dated 20.12.2010 directed the parties to maintain status quo as on that date. Still the private respondents were further promoted from the post of Public Health Nurse to the post of Sister Tutor on 31.12.2013. The conduct of the official respondents is evident from the fact that respondent No.4-Guddo Devi was not even eligible to be promoted on 31.12.2013 as the order suggests that in her case the promotion will be given effect from 25.06.2014 i.e. after completion of five years” experience as Public Health Nurse, as she had been promoted to that post on 26.06.2009. Vide another order passed on 31.12.2013, respondent No. 5 was given promotion as Public Health Nurse w.e.f. 03.10.2006, the date on which she completed five years service as Junior Staff Nurse in terms of 1992 Rules. The aforesaid order clearly establishes the fact that 1992 Rules are applicable in the case in hand as respondent No. 5 was considered and granted retrospective promotion as Public Health Nurse in terms thereof. 7. The aforesaid order clearly establishes the fact that 1992 Rules are applicable in the case in hand as respondent No. 5 was considered and granted retrospective promotion as Public Health Nurse in terms thereof. 7. The learned counsel further submitted that the illegal promotions granted to the private respondents, who were much junior to the petitioner as Junior Staff Nurse, be set aside and promotion be directed to the made strictly as per the seniority list or the petitioner be granted promotion over and above the private respondents as they are admittedly junior to her. 8. The learned counsel for the petitioner was not aware of the fact as to whether any other person junior to the petitioner was granted promotion from the post of Junior Staff Nurse to the post of Public Health Nurse. In support of his plea reliance was placed on a judgment of Hon”ble the Supreme Court in AIR 2007 SC 3100 titled as Commissioner, Karnataka Housing Board v. C. Muddaiah. Commissioner, Karnataka Housing Board v. C. Muddaiah, AIR 2007 SC 3100 . (Para 9) 9. On the other hand, learned counsel for the State admitted the fact that 1992 Rules are applicable to the posts. He further submitted that petitioner could not be promoted as Sister Tutor as there is no such post under the 1992 Rules. Health, and Family Welfare Departments were separated, hence, two separate seniority lists were prepared. The private respondents have been given promotion being part of the cadre in Family Welfare Department whereas the petitioner is in the Health Department. He further submitted that there is huge delay in filing of petition, hence, same deserves to be dismissed on account of delay and latches only. Regarding violation of the interim order passed by this Court on 20.12.2010, it was submitted that the same was not extended on 20.05.2011, hence, there is no violation as such. 10. Learned counsel for respondent No. 5 submitted that the petitioner cannot claim the benefits or challenge the promotion of respondent No.5 as both form part of cadres in different departments i.e. Health Department and Family Welfare, MCH and Immunization Department. Date of joining as such is not disputed. Initially the petitioner as well as respondent No. 5 were in Health Department, however, later on respondent No. 5 joined the Family Welfare Department. Date of joining as such is not disputed. Initially the petitioner as well as respondent No. 5 were in Health Department, however, later on respondent No. 5 joined the Family Welfare Department. Thereafter respondent No. 5 was deputed to undergo the course of Diploma in Nursing Education and Administration, which she successfully completed in April, 2003. He also referred to a separate seniority list of Junior Staff Nurse in the Family Welfare and MCH Department as in December, 2008 wherein the respondent No. 4 has been shown at serial No.1 whereas respondent No. 5 has been shown at serial No. 2. It was thereafter that both of them were promoted as Public Health Nurse against the posts available in ANMT School, Kathua. He further submitted that after clearance of her Diploma in Nursing Education and Administration, respondent No. 5 had opted for service in Family Welfare and MCH Department, where she was granted promotion keeping in view her seniority. The petitioner remained in the Health Department, hence, both cannot be equated. However, there is no explanation to the fact as to when the Department of Health was bifurcated. It was further submitted that after respondent No. 5 completed her Diploma, she made a representation for her promotion to the post of Public Health Nurse in the department of Family Welfare and MCH, to which the Director Health Services gave no objection in view of deficiency of teaching staff in ANMT School, Kathua and qualification possessed by respondent No.5. It was thereafter that she was promoted on the post of Public Health Nurse in her own pay and grade vide order dated 28.11.2003. It was further contended that the moment respondent No. 5 joined the Family Welfare and MCH department, she was part of the cadre, hence, she was rightly granted further promotion being eligible for the same. In support, reliance was placed on the judgment of Hon”ble the Supreme Court titled as Gursharan Singh v. Union of India and others, AIR 1994 SC 1059 and a judgment of a Division Bench of this Court in Rani Kour v. State and others, 2010 (4) JKJ 94 [HC]. Gursharan Singh v. Union of India and Others, AIR 1994 SC 1059 . (Para 10) Rani Kour v. State and Others, 2010 (4) JKJ 94 [HC]. (Para 10) 11. Gursharan Singh v. Union of India and Others, AIR 1994 SC 1059 . (Para 10) Rani Kour v. State and Others, 2010 (4) JKJ 94 [HC]. (Para 10) 11. In response, learned counsel for the petitioner submitted that it is the admitted case of the respondents that petitioner as well as the private respondents had joined the Health Department and the private respondents were junior to the petitioner as Junior Staff Nurse. There is only one department i.e. Health and Medical Education Department. The bifurcation is only at the Directorate level for the purpose of better administration. It is also admitted case of the respondents that 1992 Rules govern the posts. The Government of India had launched a Family Welfare Scheme to be looked after by the Health Department. That is why a separate Directorate was created. The private respondents were granted promotions on adhoc basis as Public Health Nurse and Sister Tutors from the post of Junior Staff Nurse. There was no bifurcation of the departments even as per the claim made by the respondents. In the tentative seniority list of the Junior Staff Nurses in the Directorate of Family Welfare and MCH, as on 01.01.2008, the petitioner as well as the private respondents were shown as members of the cadre, with petitioner at serial No. 1 in Jammu Division whereas private respondents at serial Nos. 2 and 3. How the petitioner was shown in that seniority list when she was considered to be part of the Health Department. 12. Heard learned counsel for the parties and perused the relevant referred record. 13. Learned counsel on both the sides admitted that 1992 Rules govern the post. Another fact which is not disputed is that petitioner as well as respondent Nos. 4 and 5 joined the Health Department as Junior Staff Nurse on the following dates:— Name Date of joining as Junior Staff Nurse Koushal Kumari-Petitioner 04.09.1991 Guddo Devi-Respondent No.4 02.06.1992 Munisha Devi-Respondent No.5 09.10.2001 14. The petitioner passed her Diploma in Nursing Education and Administration in May, 2002 whereas respondent No. 5 had passed the Diploma in April, 2003. The respondent Nos. 4 and 5 were promoted on adhoc basis as Sister Tutor and Public Health Nurse, respectively vide Order dated 28.11.2003, on the recommendations of the Director Health Services, Jammu. 15. Vide order dated 26.06.2009 passed by the Director Family Welfare, MCH & Immunization, respondent Nos. The respondent Nos. 4 and 5 were promoted on adhoc basis as Sister Tutor and Public Health Nurse, respectively vide Order dated 28.11.2003, on the recommendations of the Director Health Services, Jammu. 15. Vide order dated 26.06.2009 passed by the Director Family Welfare, MCH & Immunization, respondent Nos. 4 and 5 were regularly promoted as Public Health Nurses against available posts in ANMT School, Kathua. Vide a separate order passed on the same date by the Director Family Welfare, MCH & Immunization, the petitioner was placed as in-charge Public Health Nurse in her own pay and grade against the post available in ANMT School, Kathua. Vide order dated 31.12.2013, on the recommendations of the Departmental Promotion Committee in its meeting held on 21.12.2003, the petitioner was confirmed as Public Health Nurse in ANMT School, Rajouri w.e.f. 26.06.2009. The order was passed by the Director, Family Welfare, MCH & Immunization. Vide a separate order passed on the same day i.e. 31.12.2013, respondent Nos. 4 and 5 were promoted from the post of Public Health Nurse to that of Sister Tutors. The respondent No.5 was promoted prospectively whereas the date of promotion of respondent No. 4 was w.e.f. 25.06.2014 when she would complete five years service as Public Health Nurse. Yet another order was passed on the same date thereby anti-dating the promotion of respondent No. 5- Manisha Devi as Public Health Nurse w.e.f. 03.10.2006, the date when she completed five years service as Junior Staff Nurse. The eligibility was considered in the light of 1992 Rules. 16. The position which emerges from the above narration of facts can be summed up in the following table:— Name Date of first appointment as Junior Staff Nurse Date of promotion as Public Health Nurse Date of promotion as Sister Tutor Petitioner- Koushal Kumari 04.09.1991 26.06.2009 (on in-charge basis) 31.12.2013 (on regular basis w.e.f. 26.06.2009) Respondent No.4 Guddo Devi- 02.06.1992 28.11.2003  (on adhoc basis as Sister Tutor)  26.06.2009 (on regular basis) 31.12.2013 (w.e.f. 25.06.2014) Respondent No. 5 Munisha Devi 09.10.2001 28.11.2003 (on adhoc basis) 26.06.2009 (on regular basis) 31.12.2013 17. The relevant provisions of 1992 Rules, under which the petitioner as well as private respondents were appointed, are reproduced hereunder:— “Rule 5. The relevant provisions of 1992 Rules, under which the petitioner as well as private respondents were appointed, are reproduced hereunder:— “Rule 5. Qualifications and method of recruitment:— (1) No person shall be eligible for appointment or promotion to any post, in any class, category or grade in the service unless he possesses the qualification as laid down in the Schedule (II) and fulfils other requirements of recruitment as provided in the rules and orders for the time being in force. (2) Appointment to the service shall be made:— (a) By direct recruitment (which will include appointment by transfer), (b) By promotion, and (c) Partly by direct recruitment and partly by promotion; In the ratio and in the manner mentioned against each post in the schedule.” The classification of the posts in the schedule, Annexure “A” to the 1992 Rules and the method of promotion/recruitment is provided as under:— Class Category Designation Grade Qualification Mode of recruitment I A Sisters/PHN/B.Sc. Nurse 1550- 2550 (i) Diploma in nursing from SMF or mother recognized Institute in respect of sisters OR (ii) B. Sc. Nursing or Diploma in PHN in respect of PHN & B. Sc. Nurse. 100% by promotion (b) amongst senior nurses with five years experience as such B LHV/PHN/Sr. Nurse 1150- 2050 Matric with ANM training course from SMF or any other recognized Institute in respect of LHVS. (i) By promotion from category (d) having 7 years experience plus 6 months extra training. (ii) By promotion from category © with 5 years experience in respect of PHN/Sr. Nurse. C Jr. Nurse 900- 1830 Matric with Diploma in Nursing from SMF or any other recognized Institute. 100% by direct recruitment D ANMs (Female MPW) 800- 1500 Matric with Diploma in Female Multipurpose workers training course. -do. 18. A perusal of the above said Rules show that the post of Junior Staff Nurse in the pay scale of Rs.900-1830 is to be filled up 100% by way of direct recruitment. Whereas the post of Public Health Nurse is to be filled up by promotion from ANMs (Female MPHW) having seven years” experience plus six months extra training and by way of promotion from Junior Staff Nurse with five years experience. This is what is even evident from the orders passed by the authorities granting promotion to the private respondents. 19. Whereas the post of Public Health Nurse is to be filled up by promotion from ANMs (Female MPHW) having seven years” experience plus six months extra training and by way of promotion from Junior Staff Nurse with five years experience. This is what is even evident from the orders passed by the authorities granting promotion to the private respondents. 19. At the time of hearing, Government Order No. 497-HME of 2012 dated 08.08.2012 issued by the Secretary to Government, Health & Medical Education Department, was referred to. It provides that pending issuance of notification regarding recruitment Rules of Non-Gazetted Cadre of Health and Family Welfare Department, the post of Sister Tutor is to be filled up 100% by way of promotion from Public Health Nurse having minimum five years service in that category. The contents of the aforesaid Government order are reproduced hereunder:— “Government of Jammu and Kashmir Health & Medical Education Department Civil Secretariat, J&K, Jammu. Subject: Filling up the post Sister Tutor. Government Order No. 497-HME of 2012 Dated: 08.08.2012 Pending issuance of notification regarding recruitment Rules of Non-Gazetted Cadre of Health and Family Welfare Department, it is hereby ordered that the post of Sister Tutor shall be filled up in the following manner:- “100% by promotion from Public Health Nurse having minimum five years experience in this category.” By order of the Government of Jammu and Kashmir. Sd/- (Manoj Kumar Dwivedi) Secretary to Government Health & Medical Education Department.” 20. It is not a matter of dispute that the post of “Sister Tutor” is not provided for under the 1992 Rules, though the post of “Sister” is available which is to be filled up 100% by way of promotion from category (b) LHV/PHN/Sr. Nurse with five years experience as such. 21. Though a stand was sought to be taken at the time of hearing that Health Department, and Family Welfare, MCH and Immunization Department are different departments having their different cadres, however, nothing was pointed out in this regard nor any document was produced to substantiate that plea. It remained only an oral submission. 22. From the table, as available in paragraph no. 16 above, it is evident that date of joining of the petitioner as Junior Staff Nurse is 04.09.1991, whereas respondent Nos. 4 and 5 joined as such on 02.06.1992 and 09.10.2001, respectively. It remained only an oral submission. 22. From the table, as available in paragraph no. 16 above, it is evident that date of joining of the petitioner as Junior Staff Nurse is 04.09.1991, whereas respondent Nos. 4 and 5 joined as such on 02.06.1992 and 09.10.2001, respectively. It was not disputed by the parties that the petitioner as well as the private respondents had been appointed in the Health Department, hence, the petitioner was much senior to the private respondents as Junior Staff Nurse. This fact is even substantiated from the seniority list of Junior Staff Nurse in the Health Department as circulated on 18.10.2008 showing the position as on 01.0.1.2008. In that seniority list, the petitioner had been shown at serial No. 40 whereas the respondent Nos. 4 & 5 at serial Nos. 42 and 101, respectively. Much prior thereto, despite the fact that the private respondents were much junior to the petitioner and were working as Junior Staff Nurses, respondent No. 4 was promoted as Sister Tutor on adhoc basis on 28.11.2003 and respondent No. 5 as Public Health Nurse on 28.11.2003. The order was passed by the Under Secretary to Government, Health and Medical Education Department with reference to the communication from the Director Health Services, Jammu. As to how the private respondents were promoted from Junior Staff Nurse to the post of Public Health Nurse and Sister Tutor could not be justified in terms of the provisions of the 1992 Rules. The date of appointment of respondent No.5 as Junior Staff Nurse is 09.10.2001. She was not eligible to be promoted as Public Health Nurse on 28.11.2003 as she had not completed five years” service as such. The respondent No. 4 was granted two promotions on the same date, namely, skipping the post of Public Health Nurse, from the post of Junior Staff Nurse, she was directly promoted as Sister Tutor, a post which is not available in 1992 Rules. There is a tentative seniority list circulated by the Directorate of Family Welfare MCH and Immunization on 25.07.2008 showing 3rd tentative seniority list of the Junior Staff Nurses in Jammu Division as on 01.01.2008. There are only three candidates mentioned therein, in which the name of the petitioner finds place at serial No. 1 and respondent Nos. 4 and 5 are shown at serial nos. 2 and 3, respectively. There are only three candidates mentioned therein, in which the name of the petitioner finds place at serial No. 1 and respondent Nos. 4 and 5 are shown at serial nos. 2 and 3, respectively. This tentative seniority list also mentions that respondent No. 5 was working as Public Health Nurse in her own pay and grade. Thereafter, even the 4th tentative seniority list also provided the same status of the seniority of the petitioner as well as the private respondents. 23. Even though the name of the petitioner was shown at serial No. 1 in the tentative seniority list circulated on 01.01.2008 by the Directorate of Family Welfare MCH and Immunization but still vide order dated 26.06.2009 respondent Nos. 4 and 5 were regularly promoted as Public Health Nurse. Thereafter vide order dated 31.12.2013 respondent Nos. 4 and 5 were promoted as Sister Tutors, a post which is not as such available in the 1992 Rules. Even Government Order No. 497-MHE of 2012 dated 08.08.2012 suggests that pending issuance of notification regarding recruitment Rules, the post of Sister Tutor is to be filled up 100% by promotion from Public Health Nurse. Meaning thereby that all eligible candidates were to be considered as per seniority. The promotion could not be affected by applying pick and choose formula, as has been done in the present case. 24. A perusal of the order granting promotion to respondent Nos. 4 and 5 as Sister Tutors shows that six other candidates were also promoted. As to in which cadre they were working and on which post they were initially appointed, was not pointed out by any of the counsels at the time of hearing. 25. If the status of the candidates in the seniority list circulated by the Directorate of Family Welfare MCH and Immunization is seen, the name of the petitioner finds mention at serial No. 1 in the category of Junior Staff Nurse whereas some candidates find mention in the Tentative Seniority List of LHVs. As to why the petitioner was not promoted before respondent Nos. 4 and 5, despite being senior to them, could not be explained by the respondents at the time of hearing. There was further no explanation as to how the candidates, who were shown in various seniority lists circulated by the Directorate of Family Welfare MCH and Immunization, were recruited. As to why the petitioner was not promoted before respondent Nos. 4 and 5, despite being senior to them, could not be explained by the respondents at the time of hearing. There was further no explanation as to how the candidates, who were shown in various seniority lists circulated by the Directorate of Family Welfare MCH and Immunization, were recruited. In fact the names of the petitioner and respondent Nos. 4 and 5 find mention in the seniority list circulated by the Director Health Services on 18.10.2008 and also by the Directorate of Family Welfare MCH and Immunization on 25.07.2008. 26. In view of my aforesaid discussions, it is established that respondent Nos. 4 and 5 were appointed as Junior Staff Nurse much after the petitioner was appointed as such. Hence, the petitioner was entitled to be considered for promotion to the next higher post i.e. Public Health Nurse after she fulfilled the criteria for the same and a vacancy there for was available before any candidate who is junior to her could be considered. 27. For the reasons mentioned above, the orders of promotion of respondent Nos. 4 and 5, are set aside. The official respondents are directed to re-workout the promotions, considering the eligibility of all the candidates as per Rules and accord promotions to all the eligible candidates as per seniority and considering their eligibility. 28. Before parting with the order this court would like to make certain observation regarding preparation and circulation of seniority lists to the members of any cadre. It was pointed out that the seniority list so prepared many times does not come to the notice of the members of the cadre, especially those who are posted in far flung areas because of lack of means of communications or difficult weather conditions. This problem can be taken care of with the help of technology with which we are all abreast now. We all use mobile phones and the computers. Connectivity is also not that big a problem though there may be some temporary interruption for some time. The departments concerned should collect mobile numbers of all the officers/officials and also the email ids, if not already done. Prepare a data bank and all communications to the officer/official concerned can be sent by using that mode. Draft/tentative seniority list(s) can be uploaded on the website of the department concerned. The departments concerned should collect mobile numbers of all the officers/officials and also the email ids, if not already done. Prepare a data bank and all communications to the officer/official concerned can be sent by using that mode. Draft/tentative seniority list(s) can be uploaded on the website of the department concerned. If confidentiality is required, it can be password protected, which can be system generated with message on mobile. Intimation of uploading of such draft/tentative seniority list can be given to the employee concerned through message on mobile and email. Even the objections can also be permitted to be filed in soft copy by email from registered email id. This will minimize the chances of any grievance of non-communication of the draft/tentative seniority list and also non-receipt or delayed receipt of objections. Even personal hearing of an employee, wherever required, can also be through video conferencing facility. This will not only improve the confidence of the employees in the system but will also bring more transparency. Orders of promotion or posting of employees should also be uploaded on the website of the departments concerned. Technology should be used to its optimum. 29. A copy of the order be sent to the Chief Secretary of the State of Jammu and Kashmir for appropriate action in terms of observations made in para 28 above. 30. The writ petition is disposed of accordingly.