- (1.) The entire basis of the Judgment of the High Court is that the appellants were not army officers. It is now agreed by all parties that they were army officers. In view of this we think that it is fit case to be remanded to the High Court for fresh decision of the issues involved on the basis that the appellants were army officers. The Judgment of the High Court is set aside. The High Court may dispose of the matter within three months from today. The Government of India may file fresh affidavit explaining the position. The parties are also at liberty to file such supplementary affidavits as they may think fit. If any promotion is made during the pendency of the case it will be subject to the result of the writ petition in the High Court. The appeal is disposed of with this direction. No costs.;