UNION OF INDIA Vs. YATISH CHANDRA MISHRA

JUDGEMENT

(1.) The instant Letters Patent Appeal on hand is directed against the judgment dated November 16,2009 in SWP No. 714/2007 titled Col. Yatish Chandra Mishra v. Union of India and Ors. whereby learned Writ Court allowed the writ petition and directed the Respondents to expunge the remarks of Higher Technical Officer (HTO) from writ Petitioner's (Respondent herein) AC Rs for the period 2001 to 2005, make fresh assessment on the basis of his service profile and grade, and put up the Respondent's case before the Review Promotional Board for his promotion to the rank of Brigadier with effect from the date, Respondents 5 and 6 in the writ petition stand promoted.

(2.) The controversy revolves around promotion of Appellants 5 and 6 herein to the rank of Brigadier over the head of the Respondent.

(3.) The contours of controversy make it necessary to trace the career graph of the three officers.