MAJOR B MISHRA SL 3078 SHRI JAGNANDAN MISHRA Vs. GOVERNMENT OF INDIA MINISTRY OF DEFENCE CHIEF OF ARMY STAFF ARMY

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the following reliefs have been claimed by the petitioner:

(2.) LEARNED Counsel for the parties did not dispute that during the pendency of this petition the petitioner has been promoted to the rank of Lieutenant Colonel in the year 2004.

(3.) THE case of the petitioner is that since he is serving in the commissioned service for last more than 17 years, therefore, under Army Instruction No. 85/74 para 9 he is entitled for promotion to the rank of Lieutenant Colonel by selection. The contention of learned Counsel is that admittedly the petitioner entered in the commissioned service on 25. 7. 2003 and, therefore, on 26. 7. 1990 he became eligible for promotion to the rank of Lieutenant Colonel by selection and, therefore, his case was required to be considered for promotion on the said post by selection. On 28. 7. 1998 the Selection Board was constituted but the name of the petitioner was not sent to the Board and, therefore, he was not considered for promotion and if that is the position, necessary direction be issued to the respondents to consider the case of the petitioner for his promotion to the rank of Lieutenant Colonel w. e. f. 28. 7. 1998.