A.K. Sikri, J. - (1.) There is a chequered history in this case, which is getting curious with each round of litigation. Present proceedings are the repeat attempt of the petitioner Major General Manomoy Ganguly to get the position of Director General Medical Services (Army) {hereinafter referred to as 'DGMS (Army)'}, which has alluded him till now.
(2.) First round of litigation started when the petitioner, who was working as Major General, was denied the promotion to the next rank of Lieutenant General. The Special Promotion Board (Medical) {hereinafter referred to as the 'SPB (Medical)'}, which was constituted to consider the cases of promotion and held its sitting on 20th January, 2016, did not empanel him for promotion to the said rank. The petitioner filed the Original Application (OA) before the Armed Forces Tribunal (hereinafter referred to as the 'AFT') which decided the case in his favour vide its judgment dated 2nd September, 2017. The Union of India challenged the judgment before this Court and the said appeal of the Union of India was dismissed on 10th November, 2017. In the aforesaid judgment of the AFT, it had held that the petitioner was wrongly allotted lesser marks than his entitlement by the SPB (Medical) on account of overall profile which resulted in denial of promotion to him. It was categorically held that he was entitled to 1.7 marks (out of 2 marks) for 'Overall Profile' on comparison of his case with Major General Sanjiv Chopra. This Court while upholding the judgment directed the respondents to take further steps without loss of time.
(3.) Notwithstanding the above, in the fresh review by the SPB (Medical) held on December 04, 2017, the petitioner was again given 1.5 marks. The petitioner approached the AFT again by means of Miscellaneous Application in the earlier disposed of OA seeking restraint against the respondents from filling up the post of DGMS (Army) for which he would have become eligible, had he been promoted as Lieutenant General. Interim stay was granted. In the meantime, the Competent Authority, i.e., the Raksha Mantri, after examining the matter did not approve the review undertaken by SPB (Medical) awarding 1.5 marks to the petitioner and recommended his promotion. This recommendation met the approval of ACC as well and, accordingly, the petitioner was promoted to the rank of Lieutenant General on March 01, 2018.;