Ranganath Misra, J. - (1.) Petitioner a Lt. Colonel in the Indian Army, has filed this application for taking contempt proceeding against the respondents on the allegation that the directions contained in the judgment of this Court, dated 20th April, 1988, in Civil Appeal No. 1702 of 1987 have not been complied with. This Court in the Civil Appeal found that the petitioner was entitled to a reconsideration of his claim for promotion on the basis of his medical categorisation continuing as S-1 and directed:"The appeal is allowed in part and to the extent that the appellant's medical category shall be taken as being continued to be S-1 from 1977 and on that basis his promotional entitlement shall be finalised by the respondents within three months, hence." .
(2.) After this Court's decision, by a letter dated 17th of June, 1988, the respondents informed the petitioner to the following effect:- "In this connection, I have been directed to inform you that your case has been reexamined in the light of the judgment of the Supreme Court of India dated 20th April, 1988. It may kindly be recalled that acting rank of Lt. Col. was granted to you with your original seniority based on the earlier directions of the Hon'ble Court. Substantive rank of Lt. Col. was also granted to you along with your batch-mates. Consequent to the Supreme Court's judgment dated 10th Aug. 1983, your case for promotion to the rank of A/Colonel was-considered on three occasions viz., July86, April 87, Nov. 87 and rejected on ,air the three occasions based on your overall performance and merit of your batch. Your -medical category was not taken into' consideration as per the laid down procedure. Therefore, upgradation of your medical category from Shape-2 to Shape-1 by the Supreme Court vide their orders dated 20th April, 1988, does not warrant reconsideration of your case for promotion because your medical category had not affected your case for promotion to the rank of A/Colonel on any occasion. You failed to make the grade for promotion not on the basis of your medical category but on the basis of your overall performance and merit of your batch .........."
(3.) Upon notice in this miscellaneous proceeding a counter affidavit was filed on behalf of the respondents stating that the petition was misconceived and he was not entitled to any relief as claimed. It was stated that the promotional entitlements of the petitioner had been finalised as per the directions of this Court after re-examining the petitioner's case for promotion within the specified time and as there was no failure to comply with the directions, no contempt had been committed. The counter-affidavit proceeded to state:- "As per the selection procedure explained in the preceding paragraphs, the medical category of Lt. Col. K.D. Gupta was not taken into cognizance. On receipt of the directions of the Supreme Court dated 20th 'April, 1988, Lt. Col. Gupta's case for promotion was re-examined. Since the Hon'ble Court had given no such directions to the effect that the case of Lt. Col. Gupta shall be placed before the Selection Board and has only directed that the petitioner's promotional entitlements be finalised in view of his continued medical category in Shape-I since 1977, his case was re-examined and If finalised and the same was intimated to him vide or letter dated 17th June, 1988.";