Judgment

S. P. KURDUKAR, J.

( 1 ). THE central government vide its order dated 13/2/19900 called upon the respondent to retire (sic resign) and on his refusal to do so, he be compulsorily retired from the service on payment of pension and gratuity as admissible to him. This order came to be challenged in a Writ Petition No. 2492 of 1990 before the High court and the learned Single Judge by his judgment and order dated 18/5/1992 dismissed the same. The respondent preferred Special Appeal No. 83 (S/b) before the division bench of the Allahabad High court, Lucknow bench which came to be allowed vide order dated 8/2/1994, granting desired reliefs to the respondent. The appellants thereafter filed a Civil Miscellaneous Application No. 2787 (W) of 1984 for further hearing in the matter, however, the same was rejected by the division bench vide its order dated 8/4/1994. The appellants have filed these two appeals by special leave assailing the legality of both these orders.

( 2 ). The controversy in these appeals relates to the promotion of the respondent to the substantive rank of Captain in the following circumstances:the respondent after obtaining B. Sc. degree in Agriculture and Animal