U P MATHUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ appeal is directed against the judgment dated 26.4.94 passed by a learned Single Judge of this Court in Civil Rule No. 160(K)/91, thereby dismissing the petition.

(2.) Few basic facts as can be gathered from the impugned judgment may now be noted.

(3.) Appellant was commissioned in the core of Engineers as an Emergency Commissioned Officer on 3rd May, 1964. Subsequently he was granted permanent commission in 1968 making his seniority effective from 14th October, 1965. Eventually he was promoted to the past of Lt. Colonel and in 1978 he was posted as Research and Trial Officer at Army/Air Transport Support School, Agra which was equivalent to the rank of a Major. It was in 1983, a Selection Board held its sitting for selection and promotion from the post of Major to that of Lt. Colonel for the 1965 batch in which petitioner's case was also considered. He was accordingly informed vide letter dated 31st May, 1983 that his case was considered as fresh case but he could not be placed in an acceptable grade for promotion. The petitioner therefore complained to the competent authority by his petition dated 31st July, 1983 stating inter alia that his posting and appointment as 'Research and Trial Officer in 1978 has adversely affected his career for no fault of his. He also questioned the ACR's pertaining to that period while he was posted at Agra.