B.D. Agarwal, J. - (1.) The petitioner commissioned as Second Lieutenant in 1958 rose to the rank of Acting Lieutenant Colonel to which he was promoted with effect from February 27, 1975. Upon examination by the specialists the petitioner was downgraded on August 13, 1976 from SHAPE-S. 1 to SHAPE-S. 3. SHAPE-S. 1 denotes fit for all duties anywhere. SHAPE-S. 3 is denotative of fit for routine duties under supervision in areas where hospital with psychiatric facilities exist hereby not fit for duties at high altitudes. Under order dated November 16, 1976, the petitioner was transferred to a post which could be had by higher officer of the rank of Major. The petitioner filed Writ petition No. 5302 of 1980 under Article 32 of the Constitution before the Supreme Court, which was decided on August 10, 1983. The Supreme Court held that the reduction of the petitioners rank by order dated November 16, 1976, from Acting Lieutenant Colonel to Major was bad. The reasons put forward in defence to this reduction in rank were repelled. It was observed that there is no rule, order or circular, which prescribes that reduction in rank should inevitably follow on placement of an officer in a lower medical category. In case the petitioner satisfied the requirements including that of medical categorisation when he was promoted, it may not be said that he could not have been promoted since due to medical categorisation or otherwise he does not satisfy the requirements for the promotion later in point of time. It was not made out, the Supreme Court also pointed, that the petitioner had not been on duty for six months. The operative part of the judgment of the Supreme Court reads as under:- "As stated by us earlier, we find no substance in any one of the three reasons mentioned by Shri Abdul Khader on behalf of the respondents for the reversion of the petitioner from the rank of Acting Lieutenant Colonel to Major. The revision or reduction in rank cannot be justified and it is accordingly quashed. The petitioner is directed to be restored to the rank of Lieutenant Colonel with effect from the date he was reverted and stripped of the badges indicating his rank. As a result of the restoration of the rank of the Acting Lieutenant Colonel to the petitioner, other consequence, such as, consideration of the petitioners further claims to advancement, pay. arrears of pay, etc. Will have to be considered by the authorities and it is directed that these claims may be considered and disposed of within a period of six months from today. The petitioner will submit all his claims to the appropriate authorities within a period of one month from today."
(2.) Claim was preferred by the petitioner to the authorities on September 5, 1983 (vide Annexure-II to the writ petition). By order dated October 5, 1983, he was restored to the rank of Acting Lieutenant Colonel.
(3.) Under Army order dated December 10, 1976, the petitioners medical categorisation had been up granted to SHAPE-S 2. On Second Medical Review held on September 2, It - 77 he was upgraded to SHAPE-S 1. Army Hq. under order dated October 12, 1978/November 27, 1978 directed special review on the ground that the review, which took place on September 2, 1977, had not taken into account the episode of 1963. Upon special review the petitioner was downgraded permanently in medical categorisation to SHAPE-S. 2 on December 6, 1978 For periodical review the Army Hq. directed on November 29, 1983 that the petitioner be placed in the Military Hospital, Varanasi. Opinion was obtained of Senior Adviser (Psychiatric) Command Hospital. Lucknow, dated January 7, 1984. On the basis there of the petitioner was subjected to re categorisation Medical Board held on January 11,1984, at the Military Hospital, Varanasi. The petitioner was again placed permanently in the category of SHAPE-S. 2. Against this the petitioner lodged a complaint to the Central Government as envisaged under Section 27 of the Army Act dated March 2, 1984.;