Judgment

Mrs. Sujata V. Manohar, J.-The appellant in Civil Appeal Nos. 3451-3455 of 1995, Gopabandhu Biswal, was in military service prior to November 1972. After his release from military service, he applied for the post of Assistant Commandant in the Orissa Military Police pursu­ant to an advertisement published by the Orissa Public Service Commis­sion inviting applications from ex-military officers. He was selected and appointed as Assistant Commandant in the Orissa Military Police pursuant to the advertisement. The appellant qualified in the depart­mental examinations and was confirmed as Assistant Commandant with effect from 15.11.1975. Thereafter, according to the appellant, though he was eligible for consideration for promotion to the Indian Police Service cadre, he was not considered for promotion to the Indian Police Service (I.P.S.) cadre. Because according to the res­pondents, only Deputy Superintendents of Police in the Orissa Police Force were eligible for promotion to the I.P.S. cadre. The appellant filed a writ petition in the Orissa High Court in 1982 praying for a writ of manda­mus to consider him for promotion to the I.P.S. cadre. The Central Administrative Tribun