Judgment

KRISHNA IYER, J.:- The subject matter of the Writ Petition and Civil Appeal is the same and relates to the competing claims of the petitioner (Col. Sangwan) 1546 and the third respondent (Col. A. S. Sekhon) to be promoted as Brigadiers in the Directorate of Military Farms. Either of them, if promoted as Brigadier, automatically expects to become Director of Military Farms, and that is the bone of contention between them. Currently, the post is being held by an acting hand because of this litigation.

2. Way back in 1971, pursuant to a policy statement of 1964, a select list was made in which the third respondent found the third place and the petitioner was left out. The first and second positions in the 1971 selection went in favour of one Col. R. C. Datta and Acting-Col. Dahiya. They had their turn as Directors of the Military Farms and when Col. Dahiya retired on 31st July,1979 the post fell vacant and an appointment had to be made. Meanwhile, a writ petition under Art. 226 was moved before the High court of Jammu & Kashmir to interdict the Central Government from proceeding to make any fresh selection in departure from the selection list of 1971 overlooking the claim of th