(1.) Heard the petitioner, Brigadier Javed Iqbal in person and Sri S.B.Pandey, learned Senior Advocate/Assistant Solicitor General of India assisted by Sri Varun Pandey, for the respondents.
(2.) These proceedings under Article 226 of the Constitution of India have been instituted by the petitioner impeaching the order dtd. 15/2/2022 whereby Misc. Application No.137 of 2022 filed by the petitioner in Execution Application No.11 of 2022 has been rejected by the Lucknow Bench of Armed Forces Tribunal.
(3.) At this juncture itself, we may note that the Execution Application No.11 of 2022 was filed by the petitioner before the Armed Forces Tribunal seeking execution of the judgment and order dtd. 7/1/2022 whereby the Original Application preferred by the petitioner in respect of his promotion to the post of Additional Major General (Litigation) in Judge Advocate General's Branch was allowed. The operative portion of the said judgment and order dtd. 7/1/2022 which finds mentioned in para 21 of the said judgment is extracted herein below:-