UNION OF INDIA Vs. JIBAN CHANDRA SAHA

JUDGEMENT

(1.) This appeal under Clause 12 of the J&K Letters Patent has been filed by the appellants against the judgment dated 21.10.1999 passed by the learned Single Judge of this Court in SWP No. 831/98. By means of the impugned judgment the writ petition filed by respondent No. 1 (hereinafter to be referred as the writ petitioner) has been allowed in the following terms :

(2.) The facts which are not disputed in this case are that the petitioner is serving officer in the Army Medical Corps (A.M.C) of Indian Army and he holds the rank of a Colonel. After having passed his M.B.B.S. he was commissioned in June, 1967. He passed his M.B.B.S. from Calcutta Medical College. While in the service of Indian Army he improved his qualification. Firstly he got the Diploma in Anesthesia in the year 1974 and there-after did his Post Graduation (M.D.) in this branch of medicine in the year 1975 from the Armed Forces Medical College, Pune.

(3.) The petitioner remained posted at different places as enumerated in para 6 of the writ petition. He on the date of filing of the writ petition was posted at Military Hospital, Jammu as Senior Adviser (Anesthesiology). The petitioner was promoted as Colonel some where in the year 1993. Petitioner makes his grievance against his non-selection to the post of Brigadier. For this purpose Selection Board met on 18.2.1998. Against 48 available vacancies to the next rank of Brigadier, 96 officers were considered. Name of the petitioner in the order of merit was at S. No. 69. The Selection Board found the petitioner unfit for promotion at present. There is another category of officers who were not found fit for promotions and were termed as un-fit permanently (in third chance). The petitioner makes the grievance against his such non-selection. This compelled him to file the writ petition.