JUDGMENT : Vinod Chatterji Koul, J.-Petitioners, through the medium of instant writ petition, have sought the following relief: “a) Mandamus: commanding the respondents particularly respondents 1&2 to give effect to the orders of promotion made in favour of the petitioners under Career Advancement Scheme, as Associate Professor/Senior Scientists from the date they have completed required number of years of service as Assistant Professors/Junior Scientists on the completion whereof, they became entitled to promotion as Associate Professor/Senior Scientists with all consequential benefits. b) Certiorari: quashing the condition, which was imposed by respondent No. 2 in the orders of promotion of petitioners and where under the effect of promotion was given from the dates of petitioners joining, what is called as active services, being arbitrary, illegal and without authority.” 2. The brief facts of the case, as projected by petitioners in the writ petition, are that they were the employees of the Sher-e-Kashmir University of Agriculture Sciences and Technology of Kashmir, (for brevity ‘SKUAST, Kashmir’) and they migrated from Kashmir Valley in the year 1990, because of disturbances in the Kashmir Valley and started staying in Jammu as migrant employees like other Government employees who had also migrated to Jammu due to such turmoil in Kashmir. It is submission of petitioners that SKUAST, Kashmir, was created under the J&K University of Agriculture Sciences and Technology, Act, 1982 (for brevity ‘Act of 1982’) and up to 1998 there was one University for entire State and it had full-fledged campus in Jammu Sher-e-Kashmir University of Agriculture Sciences and Technology was established in Jammu (for brevity ‘SKUAST, Jammu’) as a separate University. It is contended that petitioners unfortunately had to migrate from the Kashmir as they belong to minority community and after their migration, some of them were deputed by the University to undergo M. Sc. Agriculture and Ph.D., whereas some of them had been actively involved in teaching in Jammu. The petitioners, who had been deputed to undergo the courses of Ph.D., completed the same successfully. After bifurcation of the University, the petitioners were allowed to have the status of migrants and paid migrant salary. The State Government in respect of the employees, who had migrated due to turmoil, were given a nomenclature of migrant employees and were ordered to be paid migrant salary. After bifurcation of the University, the petitioners were allowed to have the status of migrants and paid migrant salary. The State Government in respect of the employees, who had migrated due to turmoil, were given a nomenclature of migrant employees and were ordered to be paid migrant salary. The Government of Jammu and Kashmir issued a Government Order No. 362-GAD of 1992 dated 29.04.1992, whereby migrant employees had to be considered for promotion and the promotion was to be given effect on the condition of their joining the place of their posting on their promotion. It is also stated that the petitioners, under the Career Advancement Scheme (CAS) for teachers of SKUAST, became eligible for their promotion to the post of Associate Professor/Senior Scientists on completion of their eligibility period under the said Scheme, but were not promoted merely on the pretext that they had migrated and were putting up as migrant employees. The petitioners, who were entitled under CAS and having completed their requisite number of years as Assistant Professor/Junior Scientists, requested to be considered for promotion under the said Scheme to the post of Associate Professor/Senior Scientists immediately on completion of their eligibility period as was done in the cases of those who were similarly situated with the petitioners and also those who were junior to petitioners and who had been given the said benefit. It is also stated that petitioners were assured by the University that as and when their cases would be considered, they will be given the benefit of promotion from the date they completed their period. In the year 2009, they were asked to join back in Kashmir, so that their cases for promotion could be considered and the petitioners, accordingly, joined back in the Valley in 2009.The petitioners’ case for promotion was considered by the Selection Committee, recommending their promotion. The Board of Management approved the recommendations which was item No. 49 of 15thBoard of Management meeting. As per the recommendation of the Selection Committee Scientists/teachers, fulfilling requirement for promotion as Associate Professors/Senior Scientists under CAS for teachers appeared before the prescribed Selection Committee and the names of the petitioners are at Serial Nos. 3,13,19. The Board of Management approved the recommendations which was item No. 49 of 15thBoard of Management meeting. As per the recommendation of the Selection Committee Scientists/teachers, fulfilling requirement for promotion as Associate Professors/Senior Scientists under CAS for teachers appeared before the prescribed Selection Committee and the names of the petitioners are at Serial Nos. 3,13,19. 20, 21,26 and 27 in the list of eligible candidates who had appeared before the said Selection Committee and the recommendations of the Selection Committee were kept in a sealed envelope and were placed before the Board of Management. It is also contended that the decision of the Board of Management was curtailed by a Committee, which was given the name of ‘Screening Committee’ for consideration and approval. The Board of Management, accordingly, in its meeting considered the recommendations of the Selection Committee as agenda No. 49 (15) and the recommendations of the Selection Committee was approved. As per the meeting of the Board of Management, general advice was given that the promotion in respect of recommended candidates be given effect from due date as prescribed under CAS, for teachers. 3. It is also the case of the petitioners that once the Selection Committee has approved their promotion to the next higher post under CAS and when same was approved by the Board of Management, an authority under the University Act and Statutes, the petitioners were required to be promoted from the due date, i.e., the date when they become eligible. In the case of the petitioners, however, while issuing order of promotion on the basis of the recommendations approved by the Board of Management, the effect to their promotion was given not from the date when they became eligible but from the date, they joined back in Kashmir in 2009. The date giving effect to their promotion is slated to have been incorporated in the orders of promotion on the recommendations of Screening Committee. However, under the University Act and Statute therein, there is no authority mentioned by the name of Screenings Committee. The petitioners’ case is that the condition has been imposed in their promotion orders illegally based on the recommendation of some Screening Committee, which is not an authority under the Act and such Screening Committee cannot in any way be superior to the Board of Management. The SKUAST Kashmir is governed by the Act of 1982 and the statutes made thereunder. The SKUAST Kashmir is governed by the Act of 1982 and the statutes made thereunder. 4. Section 9 of the Act of 1982, wherein the authorities of the University are defined, reads as under:- “9. Authorities of the University: Authorities of the University: Authorities of the University: The following shall be the authorities of the University namely: (1) The University Council; (2) The Board of Management; (3) The Academic Council; (4) The Research Council; (5) The Extension Education Council; (6) The Faculties including Post-graduate studies and their Board of studies; (7) Such other bodies of University as may be declared by the Statutes to be authorities of University.” 5. As is clear from the Section 9, the authorities have been mentioned and there is no mention as regards the Screening Committee, which could overrule or put any condition to the recommendations of the Board of Management. The condition of giving effect from the date of joining back in valley in 2009, has been incorporated only in the cases of petitioners and not in respect of others who have also been considered by the Selection Committee and approved by the Board of Management. Their cases have not been referred to any Screening Committee as has been done in the cases of the petitioners. The petitioners have given an example in order to show that they have been discriminated only because they belong to a particular class, one Dr. Wali Ullah, who had also stayed in Jammu as a migrant from 1990 to 2004, when his case for promotion was considered and his promotion was recommended and approved under CAS, his promotion was give effect not from the date he joined active service, but from the date he became eligible i.e., 27th July 1998. The petitioners against this injustice again approached the University and Board of Directors and brought to their notice the case of Dr. Wali Ullah and also some government orders. 6. It is also stated by petitioners in their writ petition that on considering their request, the matter was sent to Principal Secretary to Government, Agriculture Production Department of J&K, for examination and opinion. Wali Ullah and also some government orders. 6. It is also stated by petitioners in their writ petition that on considering their request, the matter was sent to Principal Secretary to Government, Agriculture Production Department of J&K, for examination and opinion. The Agriculture Production Department responded and directed the University to take action by bringing the matter yet again before the Governing Body of University and also opined that the guidelines on CAS as well as past precedence coupled with procedures followed in the State Government had also to be kept in view while considering the grant of benefit of promotion to the migrant teachers. The Board of Management of University held its 51st meeting on 9th August, 2011, which did not consider the case of the petitioners. 7. The respondents in their Objections, while controverting the claim of the petitioners, have contended that petitioners are not eligible because they did not fulfill the eligibility criteria at the time of completing nine years’ service as Assistant Professor/Junior Scientists for the reasons that they were lacking two requisite training courses of approved duration and that the promotion of the petitioners was subject to the condition that they shall complete these training courses within a period of six months from the date of issuance of such promotion orders and till date the office has not received any training certificates from the said scientists/teachers. It is further claimed that in the cases of Dr. R. N. Koul and R. K. Tickoo the condition was relaxed by the UGC, as they were retiring within next three years, so one of the objections is that the petitioners were not holding the certificates of having undergone training courses of approved duration and the other ground is that since the petitioners did not return to Valley earlier and their promotion was made effective from the year 2009, when they returned back and resumed their duties in Kashmir and had they returned back earlier more benefits would have been accrued to them. Regarding the promotion of Dr. Wali Ullah, the respondents admitted that he migrated to Jammu and was holding the status of migrant till 2004 when he returned back in Valley, but since he was actively involved in imparting instructional programme to the students of SKUAST, Jammu, as such, the benefit of promotion was given to him from the date he became eligible. Wali Ullah, the respondents admitted that he migrated to Jammu and was holding the status of migrant till 2004 when he returned back in Valley, but since he was actively involved in imparting instructional programme to the students of SKUAST, Jammu, as such, the benefit of promotion was given to him from the date he became eligible. In their objections they have further averred that Dr. Wali Ullah was in active service even after migration, so he was not holding the migrant status, as he was attending his duties at Jammu Campus of SKAUST, Jammu. 8. To rebut all that is stated in the objections, the petitioners in their Rejoinder aver that Screening Committee did not have any statutory recognition as the said Committee is not a mandated committee by any University statute and the purpose of such Committee is/was only to screen the documents and did not have any authority to change/alter the date of promotion of the petitioners which had to be, in terms of CAS, from the date they completed nine years of service. They have also placed on record certificates and documents in respect of petitioners, namely, Dr. S.K. Kakroo, Dr. Ravi Kumar Nehru and Dr. Rajinder Kotru to demonstrate the fact that they were deputed to undergo the training courses which they completed. The petitioners have also placed on record the University Order No.554 (Est) of 2004 dated 16.09.2004 to support their contention that Dr. Walli Ullah had remained as a migrant employee w.e.f. 1990 till 2004. 9. I have heard learned counsel for parties and considered the matter. 10. Learned senior counsel appearing for the petitioners has vehemently stated that petitioners, being citizens of India, are not only entitled to all the rights and guarantees available to them under Part III of the Constitution but are also entitled to benefits as emanating from the Act of 1982 and statutes and procedures as are followed by the University. He also contends that petitioners’ migrant was not a choice migration but beyond their control which fact has also been judicial recognized. He also contends that petitioners’ migrant was not a choice migration but beyond their control which fact has also been judicial recognized. It is stated that the Government of Jammu and Kashmir has accepted the migrant being result of turmoil in the Valley, under which life and property of a section of society, could not be defended and that some of the petitioners had been deputed to duty in what was a part of SKUAST Kashmir in its Campus at Jammu, which later became SKUAST, Jammu, and other petitioners had been deputed for undergoing further education by way of M.Sc. and Ph.D. According to learned senior counsel petitioners’ right to receive consideration for promotion under CAS was a right which could not be defeated under any circumstance. He has also invited attention of this Court to Annexure 1 to Annexure H of writ petition, to submit that after the University considered the petitioners on the basis of recommendation of Selection Committee through its Board of Management and after in principle, the promotions had been ordered to be given effect from the date, i.e., the date from which petitioners had become entitled to and, therefore, imposition of condition by Screening Committee does not arise at all. Learned senior counsel has also invited attention of this Court to Annexure H to writ petition, to contend that the due date of petitioners’ promotion as was recommended by the Selection Committee, was the date when they completed their respective periods on the post of Assistant Professor/ Junior Scientist. 11. On the other hand, learned senior counsel appearing for respondents, states that petitioners did not fulfil the eligibility criteria at the time of completion of nine years’ service as Assistant Professor/Junior Scientist because they were lacking two requisite training courses of approved duration. It is also averred that promotion granted to petitioners was with a condition that they would complete these training courses within a period of six months from the date of issuance of their promotion orders, i.e., up to 27.04.2011. It is also stated that teachers/scientists, who were similarly situated with petitioners were given the benefit of CAS strictly as per SKUAST statutes, i.e., after fulfilling the eligibility criteria. 12. It is also stated that teachers/scientists, who were similarly situated with petitioners were given the benefit of CAS strictly as per SKUAST statutes, i.e., after fulfilling the eligibility criteria. 12. Petitioners are aggrieved of the condition in their promotion order by virtue of which their promotion has been given effect from the date they joined active service and not from the date on which they became eligible. The petitioners have been promoted as Associate Professors/Senior Scientists vide University Order Nos.691(EST) of 2010, 686(EST) of 2010, 685(EST) of 2010, 687(EST) of 2010, 680(EST) of 2010 and 690(EST) of 2010 dated 18.10.2010. According to them, they became eligible for their promotion to the post of Associate Professor/Senior Scientist under CAS on completion of nine years’ service. Respondents while promoting petitioners have not given effect to their promotion from the date of their eligibility though their promotion to the said posts was recommend by the Selection Committee and approved by the Board of Management. As is evident from perusal of Annexure – E attached with the writ petition, the petitioners alongwith others, who fulfilled eligibility requirement for promotion as Associate Professors/Senior Scientists under CAS for teachers, appeared before prescribed Selection Committee. The Selection Committee made recommendations in sealed envelopes and placed the same before the Board of Management during the course of meeting for consideration and approval. The Board of Management approved the recommendations of the selection committee and gave the effect to the said promotions under CAS from the due date as prescribed under CAS for teachers. 13. Under clause (n) of Subsection 2 of Section 13, the Board is the authority to approve the recommendations for appointment of officers, teachers and employees of the rank of Associate Professor and above in the prescribed manner. As per the Board of Management which approved the recommendation of the Selection Committee, which had recommended the promotion of the petitioners, the promotion was approved from the due date, which means from the date the petitioners were eligible. While issuing the orders of promotion, the cases of the petitioners appear to have been sent to the Screening Committee and on the advice of Screening Committee, the promotion of petitioners was not given effect from the date they became eligible, but from a future date, i.e., the date they joined active service. While issuing the orders of promotion, the cases of the petitioners appear to have been sent to the Screening Committee and on the advice of Screening Committee, the promotion of petitioners was not given effect from the date they became eligible, but from a future date, i.e., the date they joined active service. The condition of making their promotion from the date of their joining active service has been introduced in their case being migrants, on the advice of the Screening Committee which, however, does not exist under the Statute or Rules nor any such power is provided to be exercised by Screening Committee when the promotions are recommended by Board of Management – an Authority provided under University Statutes and Rules provided for such promotion. 14. The petitioners’ case is that they have been discriminated only because they having been forced to leave the Valley due to turmoil. It is further case of the petitioners that this condition was not introduced in the promotion of one Dr. Wali Ullah, who had also migrated from Kashmir in 1990, but in his case the promotion was given to him from the date he became eligible. The respondents in order to support their action of having given effect to the promotion of the petitioners from the date of their joining active service is that they were not fulfilling the eligibility criteria as required. The respondents in their objections state that the petitioners were not eligible because they did not fulfill the eligibility criteria at the time of completing nine years of service as Assistant Professor/Junior Scientist for the reason that they were not having undergone two requisite training courses of approved duration and their promotion was with the condition that they shall complete these training courses within a period of six months from the date of issuance of their promotion order. This condition, however, in case of Dr. R.N. Koul and R.K. Tickoo was relaxed in view of exemption granted by UGC. In the objections it is contended that had the petitioners undergone the training courses then they would have been eligible for promotion. It is not the case of the respondents that petitioners were deputed to undergo such training by the University, but despite being deputed they did not undergo such training. It is the University who had to depute the officers for such training courses. It is not the case of the respondents that petitioners were deputed to undergo such training by the University, but despite being deputed they did not undergo such training. It is the University who had to depute the officers for such training courses. It is clear from the documents placed on record by the petitioners with their Rejoinder and application that the petitioners, Sh. S.K. Kakroo and Dr. Ravi Kumar Nehru, were deputed by the University for such Training Courses which was completed by them successfully. Certificates regarding the same have been placed on record alongwith the orders of the University deputing them to undergo such programme/course. The documents thus, placed on record with the Rejoinder would show that petitioners, S.K. Kakroo, R.K. Nehru and Rajinder Kotru, were possessed of such certificates. This objection appears to have been raised subsequently in order to object to the writ petition when the Selection Committee had found all the petitioners fulfilling eligibility criteria. The Selection Committee found that the petitioners and others fulfilled the eligibility criteria for promotion, recommended their cases to the Board of Management and the Board of Management approved the recommendation of Selection committee. 15. The Selection Committee or the Board of Management had not put any such condition nor had it observed that petitioners were not fulfilling the eligibility criteria which is the ground now taken in the objections, but having regard to the Rejoinder and certificates produced, this ground is also not available to the respondents to deny the petitioners right of promotion from the date they had become eligible. 16. The recommendations of Selection Committee were considered by the Board of Management as item no. 49(15) BoM and 49(16) BoM and resolved as under: “Item No. 49(15) BoM: to consider and approve recommendations of Selection Committee(s) for promotion of Assistant professor/Jr. Scientist as Associate Professor/Sr. Scientist under CAS for Teachers” Recommendations of the Selection Committee were approved. Item No. 49(16) BoM: To consider and approve placement of Assistant Professor/Junior Scientist, Sr. Scale, in the Selection Grade, under CAS for Teachers” 17. The Board of Management debated the rejection of Dr. K.N. Mukku (Rtd.), Ex-Associate Professor/Senior Scientist, Extension Education, as Professor/Chief Scientist under CAS for Teaches, by the Selection Committee. Board of Management was of the opinion that University should re-consider the case along with similar such cases of retired people. Scale, in the Selection Grade, under CAS for Teachers” 17. The Board of Management debated the rejection of Dr. K.N. Mukku (Rtd.), Ex-Associate Professor/Senior Scientist, Extension Education, as Professor/Chief Scientist under CAS for Teaches, by the Selection Committee. Board of Management was of the opinion that University should re-consider the case along with similar such cases of retired people. The Board advised the University to process such cases again and place before Board of Management for approval. “Note: board gave a general advise that the promotions in respect of the recommended candidates under Career Advancement Scheme be given effect from the due date(s) as prescribed under the CAS for Teachers.” 18. So, it is clear from the decision of Board of Management that the promotions under CAS were to be given from the due dates as prescribed under the CAS for Teachers. The petitioners, R.K. Nehru, S.K. Kakru and R.N. Koul, were sponsored to pursue Ph.D. programme in the Faculty of Post Graduate Studies at R.S. Pura from ensuing semester 1996, and Sh. Rakesh Vaishnavi was also sponsored for undergoing Ph.D. with effect from 12.01.1994 for a period of three years. The petitioners also claim that after they migrated from Kashmir due to the eruption of militancy, some of them had been actively involved in teaching in Jammu SKUAST and some of them were deputed by the University to undergo M.Sc. Agriculture or Ph.D. and the petitioners who had been deputed to undergo Ph.D. successfully completed the same. When the University got bifurcated and SKUAST Jammu came into existence, they were allowed to have the status of migrant and were paid migrant salary. The orders deputing the petitioners whose names have been given above were issued by the University. As such, the fact that some of the petitioners were deputed to undergo Ph.D. is correct, but the respondents in their reply have denied the same. 19. One Dr. Wali Ullah had also migrated to Jammu in the year 1990 as is the case of the petitioners and he continued to enjoy migrant status and did not join at Leh, where he was posted at Regional Agricultural Research Station. He continued to enjoy migrant status till Order no.554 (EST) of 2004 dated 16.09.2004. 19. One Dr. Wali Ullah had also migrated to Jammu in the year 1990 as is the case of the petitioners and he continued to enjoy migrant status and did not join at Leh, where he was posted at Regional Agricultural Research Station. He continued to enjoy migrant status till Order no.554 (EST) of 2004 dated 16.09.2004. The order, for ready reference, is reproduced as under: “Sher-e-Kashmir University of Agricultural Sciences & Technology of Kashmir Shalimar, Srinagar -191 124 University Order No: 554(Est.) of 2004 Dated: 16.09.2004 - Whereas, Dr. M.I.S. Walliullah was appointed as Assistant Professor-cum-Junior Scientist (Entomology) vide University Order No. 137 (Estt.) of 1985 dated 29-07-1985. - Whereas, Dr. Walliullah joined his assignment on 03-9-1985 in the Division of Entomology. - Whereas, vide University Order No. 486 (Estt.) of 1989 dated 26-8-1989 Dr. M.I.S. Walliullah was appointed as Associate Professor-cum-Senior Scientist (Entomolgy) and he joined as such on 26-8-1989. - Whereas, Dr. Walliullah migrated from Valley in early nineties (90’s). - Whereas, during migration, he was transferred to and posed at Regional Agricultural Research Station, Leh vide University Order No. 256 (Estt.0 of 1993 dated 11-8-1993. - Whereas, in compliance to University order, he did not join at Leh and instead continued to enjoy migrant status. - Whereas, vide his communication dated 30-8-2004, Dr. Walliullah requested for resumption of his duties at Division of Entomology, Shalimar. - Whereas, the request of Dr. M.I.S. Walliullah, Associate Professor (Entomology) was examined/considered”. Now, therefore, Dr. M.I.S. Walliullah, Associate Professor-cum-Senior Scientist (Entomology) RARS, Leh is allowed to resume his duties in the Division of Entomology, Shalimar Campus, till further orders. By Order. Sd/- Deputy Registrar (Est.)” 20. It is thus, clear from the above order, that the said Dr. Walliullah had migrated to Jammu in early 1990s and he remained as migrant till 16.09.2004 as he did not join his place of posting at Leh. He continued to enjoy migrant status. He was shifted to Srinagar vide aforesaid order, where he joined. He was promoted vide University Order no.984(Est.) of 2007 dated 10.12.2007 and promotion was given retrospective effect from July 27, 1998, the date when he became eligible in terms of modified procedure under CAS for teachers. He continued to enjoy migrant status. He was shifted to Srinagar vide aforesaid order, where he joined. He was promoted vide University Order no.984(Est.) of 2007 dated 10.12.2007 and promotion was given retrospective effect from July 27, 1998, the date when he became eligible in terms of modified procedure under CAS for teachers. The said order is reproduced as under: “Sher-e-Kashmir University of Agricultural Sciences & Technology of Kashmir Shalimar, Srinagar -191 124 Subject: Promotion of Associate Professor/Senior Scientists, Entomology, as Professor/Chief Scientist, Entomology, under Career Advancement Scheme for Teachers University Order No: 984(Est.) of 2007 Dated: 10-02-2007 As recommended by the Selection Committee and approved by the Board of Management at its 47th meeting, Dr. M.I.S. Walliullah, Associate Professor/Senior Scientist, Entomology, RARS, leh, is hereby promoted as Professor/Chief Scientist, Entomolgy, in the UGC pay scale of Rs. 16,400-22,400, with effect from July 27, 1998, in terms of Modified procedure, under Career Advancement Scheme for Teachers. Consequent upon the above, the post of Associate Professor/Senior Scientist, Entomology, held by Dr. M.I.S. Walliullah, is upgraded as Professor/Chief Scientist, (CAS), Entomology, in the pay scale of Rs. 16,400-22,400, for purpose of his adjustment as Professor/Chief Scientist, Entomology. At RARS, Leh. By order Sd/- Asstt. Registrar” 21. It is thus, clear from the aforesaid order that this promotion has not been made effective from the date he joined active service which in his case would have been after 16.09.2004, the date he was allowed to resume his duties in the division of Entomology, Shalimar Campus. His order of promotion does not contain the condition that same would take effect from the date of his joining active service as is in the case of petitioners who joined SKUAST Srinagar in 2009 and their promotions were made effective from the date they joined active service and not from the date they became eligible. This condition in the promotion order of the petitioners is arbitrary and illegal. Their promotion was to be reckoned from the date they became eligible and in accordance with the recommendations of the Selection Committee, which was approved by the Board of Management, and the promotion was to be given effect from the due dates according to CAS for Teachers, as has been done in the case of Dr. Walli Ullah. 22. Their promotion was to be reckoned from the date they became eligible and in accordance with the recommendations of the Selection Committee, which was approved by the Board of Management, and the promotion was to be given effect from the due dates according to CAS for Teachers, as has been done in the case of Dr. Walli Ullah. 22. The respondents in order to deny the benefit of the promotion to petitioners, arbitrarily and illegally from the due date have sent their cases to the Screening Committee which had made the order of promotion effective from the date of their joining of active service without there being any justification. They were entitled to be treated like other similarly situated, particularly Dr. Wali Ullah. The petitioners were not responsible for their migration, but their migration was forced because of turmoil and disturbed conditions in Kashmir. Petitioners, like other government employees, were given the status of migrant employees and they drew salaries as such. The Government of Jammu and Kashmir had issued Govt. Order No. 362 of 1992 dated 29.04.1992 which deals with the promotion of the migrant employees and in terms of the said order they had migrated because of the turmoil in Kashmir Valley and employees of the different departments of Government of J&K, like the petitioners, were given the status of migrant employees and they continued to draw salaries as such. For the purpose of promotion, the Government of J&K issued Order no. 362-GAD of 1992 dated 29.04.1992 and by virtue of the said order, migrant employees were to be considered for promotion on the basis of their merit and seniority, provided they are eligible for promotion. Such promotion was, however, to take effect on the condition that they join new place of posting. The only condition to give effect to promotion was to join place of posting and the effect of joining was not from the date they joined. 23. Such promotion was, however, to take effect on the condition that they join new place of posting. The only condition to give effect to promotion was to join place of posting and the effect of joining was not from the date they joined. 23. Against the impugned condition of promotion, the petitioners had made representation to the Board of Management which referred the matter to Principal Secretary to Government, Agriculture Production Department, for advice in light of the Government decision in similarly placed cases vis-à-vis working out financial implication by the Finance Department, and the Agriculture Production Department, J&K, responded to the SKUAST directing it to take action by bringing the matter yet again before the Governing Body of SKUAST with an opinion that guidelines on CAS as well as past precedence coupled with procedures followed in the Government shall be kept in view while considering benefit of promotion to migrant teachers. 24. Even thereafter, the condition imposed in their orders of promotion, though being illegal, was not removed. The petitioners were to be treated at par with similarly situated employees, like one Dr. Walliullah, in whose case such condition for promotion was not imposed though he was also having migrant status on the date, from which his promotion was made effective. Petitioners had joined SKUAST Kashmir in 2009 whereas Dr. Walliullah has resumed duties in Srinagar in 2004 as is evident from the University Order referred to above. In the case of Dr. Walliullah, the effect of promotion is not from September 2004, but it is with effect from July 27, 1998, the date he became eligible for promotion under CAS, and in the case of petitioners, the condition has been imposed illegally and promotion has been made effective from February to April 2009, dates on which they had joined back in Kashmir. The petitioners have, thus, been discriminated and have been treated differently and illegally denied the promotion from the date they were entitled. As such, the condition in the order of promotion is liable to be quashed and order of promotion is to be made effective from the date petitioners were eligible for promotion. 25. The petitioners have, thus, been discriminated and have been treated differently and illegally denied the promotion from the date they were entitled. As such, the condition in the order of promotion is liable to be quashed and order of promotion is to be made effective from the date petitioners were eligible for promotion. 25. Therefore, for the reasons stated above, this writ petition is allowed and by issuance of writ of certiorari, the condition imposed by respondent no.2 in the order of promotion of petitioners whereby effect of promotion has been given from the date of active joining, is quashed, and writ of mandamus is issued to respondents 1 and 2 to give effect to the orders of promotion in favour of petitioners under Career Advancement Scheme (CAS) as Associate Professors/Senior Scientists from the date they have completed required number of years of service as Assistant Professors/Junior Scientists, on completion whereof they became entitled to promotion as Associate Professor/Senior Scientist with all consequential benefits. 26. The instant petition is, accordingly, disposed of in the above said terms.