BRIGADIER G S NARULA Vs. UOI

JUDGEMENT

(1.) In this petition for a writ of mandamus, the petitioner has prayed for a direction against the respondents to declassify the results of the Selection Board with regard to petitioner's case and if approved, to grant him promotion with all consequential benefits including seniority.

(2.) When this writ petition came up for admission on 20th June, 2007, a Division Bench of this Court directed the respondents to inform the Court by the next date of hearing as to what was preventing declassification of the Selection Board results pertaining to the petitioner. The matter was with that direction adjourned to 3rd July, 2007. On 3rd July, 2007, the respondents sought some more time to place on record an affidavit stating the reason for withholding the result of the Selection Board proceedings. Mr. Sachdeva has, pursuant to the said direction, today placed on record an order dated 10th July, 2007 issued by Integrated Headquarters of Military Secretary's Branch stating that the Government have approved the empanelment of the petitioner as a Special Review (Fresh) Case 1972 Batch for promotion to the acting rank of Major General in the Army Ordnance Corps. The order further states that the petitioner shall be promoted on his turn subject to availability of vacancy continued satisfactory performance and medical fitness. In that view, therefore, the first part of the prayer made by the petitioner namely a direction for declassification of the results is rendered infructuous.

(3.) Learned counsel for the petitioner submitted that the respondents are likely to delay the issue of a posting order for the petitioner unless this Court directs them to do the needful without any loss of time. Delay, according to him in the issuance of the requisite posting order, would affect the petitioner's claim for promotion to the next higher rank of Lt. General.