JUDGMENT

N.P. Singh, J.

1. Leave granted.

2. The appellant, while holding the post of Air Vice Marshal, filed a writ application, questioning the validity of the decision of the Union of India, refusing to moderate the Appraisal Report of 1987; to promote the appellant to the rank of Air Vice Marshal from a prior date, and to grant extension of the service to the appellant for one year, in the rank of Air Vice Marshal.

3. There is no dispute that the case of the appellant had been cleared for all selection grade promotions up to the rank of Air Commodore. A meeting of the Selection Board, to consider the cases for promotion to the rank of Air Vice Marshal, was held in February 1987. In that meeting, the case of the appellant was also considered, but his name was not recommended for promotion, on the ground that there was only one report available by that time. A decision was taken by the Selection Board to watch the performance of the appellant for at least a year more, to assess his potentiality and suitability, for discharging the higher responsibility attached to the rank of Air Vice Marshal. He was also not found fit for promotion by the Selection Board of 1988.

4. By a letter d