REAR ADMIRAL GUPTESHWAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) ACCORDING to the petitioner, he was appointed as a Sea-boy in 1956. On 9th October, 1963 he was promoted as a Sub-Lieutenant. On 1st July, 1991 the petitioner was promoted as Captain. In July, 1991 the petitioner was promoted as Rear Admiral. The post of Rear Admiral is a tenure post of four years or upto the age of 56 years, whichever is earlier.

(2.) IT is the contention of the petitioner that he ought to have been considered for promotion to the post of Vice-Admiral in the year 1994 and that his case is not considered arbitrarily and capriciously by the Promotion Board No. 1 (hereinafter referred to as the Promotion Board) in the year 1994. He has further submitted that the entire procedure for selection of officers for promotion to the rank of Vice-Admiral followed by the respondents is arbitrary as there are no guidelines to the Promotion Board prescribing any fixed dates to consider the cases of eligible candidates and as to how many candidates should be considered at a given time.

(3.) HENCE by filing this petition under Article 226 of the Constitution, the petitioner has prayed for :