P.K.PALLI,J. - (1.) THIS special appeal is directed against the order dated 6.12.1990 passed by the learned Single Judge, whereby the writ petition filed by the petitioner S.S. Kothiyal was allowed. Aggrieved against this decision the Union of India has filed the present appeal.
(2.) THE petitioner (Respondent No. 1 in the appeal) joined as Commissioned Officer in the Indian Army as IInd Lieutenant on 30.6.1963. The petitioner was promoted as Captain in the year 1965 and Acting Major in the year 1966. The petitioner was released from the Army Service on 16.9.1967 and was absorbed in the Border Security Force where he was already working on deputation for some time as Assistant Commandant. Respondents No. 3 to 38 likewise the petitioner were recruited as Emergency Commissioned Officers and it is an admitted position that all these 36 officers were likewise absorbed in the Border Security Force and continued to be juniors to the petitioner. It is said that respondents No. 3 to 12 were promoted as Deputy Commandants on 7.9.1970 and the petitioner was ignored. Inspite of repeated representations, no relief was granted to him and once again he was superseded by respondents No. 13 to 38 vide order dated 19.8.1971. These officers too were promoted as Deputy Commandants.
(3.) THE petitioner was, thus, superseded twice once in the year 1970 and again in the year 1971. The petitioner was ultimately promoted as Deputy Commandant on 30.8.1972 and confirmed as such on 8.5.1975. The petitioner repeatedly went on to file representations and ultimately the representation was rejected vide Ex. 19 dated 11.7.1977. Thereafter the petitioner served a notice and after having sufficiently waited for the reply, the writ petition was filed challenging his supersession in the year 1970 and 1971 by the respondents No. 3 to 38.;