P.P. Gupta, J. - (1.) The petitioner, Brigadier B. C. Deb, was commissioned in the Army in November, 1958. After completion of several years of service successfully he was given promotions and ranks and finally he was promoted as Brigadier with effect from 20-6-1990, on which post he is continuing and at the moment is posted as Deputy Director, Medical Services, Headquarters-I Corps at district Mathura, Uttar Pradesh.
(2.) Several vacancies were existing in the rank of Major General, for which Selection Board was constituted to promote a number of officers from the rank of Brigadier. Two clear vacancies in 1992 came into existence. Accordingly, for a number of vacancies in the office, the Selection Board was constituted and it met on 14-7-1992. The Selection Board screened several persons, including the petitioner, and prepared the select list in accordance with the Defence Services Regulations, 1983 for Medical Services of Armed Forces and Army Instruction No. 74/76. The petitioner alleged that for reasons to belief he was placed on the top of the select list.
(3.) According to the procedure which has been formulated by the respondents themselves the list of the selected officers was submitted to the Ministry of Defence for formal approval, way back in July, 1992 itself along with the Board's recommendation in favour of the petitioner for promotion, but till date the Ministry of Defence had neither passed nor communicated any orders approving the said selection for the promotion of the petitioner to the rank of Major General.;