A S SAHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these writ petitions are filed by the Petitioner which were heard together. . CW No.2651/98 was filed by the Petitioner on 25.5.1998 in Which he has claimed the following reliefs:

(2.) The Petitioner in this writ petition also filed CM No.6409/98 in which he, enter alia, claimed the relief restraining the Respondents from promoting any other Brigadier of Army Ordnance Corps to the rank of Major General till the decision of the writ petitions on the grounds that Petitioner was senior most eligible Brigadier in the Army Ordnance Corps and also sought directions that Respondents held special fresh selection board for promotion to Major General in the case of petitioner. In this CM, which came up for hearing on 29.5.1998 orderw were passed from time to time. Without going into details of these orders, it would be sufficient to state that the Respondents on the basis of orders passed by this Court, held special selection board which considered the Petitioner for promotion to the rank of Major General but rejected the case of the petitioner. In these circumstances on 14.9.1998, Petitioner had submitted that he reserved his right to challenge the Finding of the selection board. This led to filing of CW No-5654/98 in which Petitioner has made the following prayers:

(3.) The facts narrated by the Petitioner in his writ petition on the basis of which he claims the relief in CW No.2651/98 may now be stated which are as under :