COLONEL S P MURGAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B. We have heard the matter in detail and proceed to decide the matter.

(2.) By this petition filed under Article 226 of the Constitution the petitioner, a service officer, seeks adeclaration that he was entitled to promotion to the rank of Brigadier w.e.f. 13 November 1992 and that the order dated 29 October 1992 promoting the third respondent, who was junior to the petitioner to the rank of Brigadier overlooking the right of the petitioner, was illegal and of no effect.

(3.) There are three respondents. First respondent is Union of India through the Secretary in the Department of Defence Production & Supplies in the Ministry of Defence, second respondent is the DirectorGeneral,QualityAssurance;andthe third Colonel S.B. Despande (now promoted as Brigadier).