JUDGMENT

A.K. SIKRI, J.

There is a chequered history in this case, which is getting curious with each round of litigation. Present proceedings are the repeat attempt of the petitioner Major General Manomoy Ganguly to get the position of Director General Medical Services (Army) {hereinafter referred to as 'DGMS (Army)'}, which has alluded him till now.

2) First round of litigation started when the petitioner, who was working as Major General, was denied the promotion to the next rank of Lieutenant General. The Special Promotion Board (Medical) {hereinafter referred to as the 'SPB (Medical)'}, which was constituted to consider the cases of promotion and held its sitting on 20th January, 2016, did not empanel him for promotion to the said rank. The petitioner filed the Original Application (OA) before the Armed Forces Tribunal (hereinafter referred to as the 'AFT') which decided the case in his favour vide its judgment dated 2nd September, 2017. The Union of India challenged the judgment before this Court and the said appeal of the Union of India was dismissed on 10th November, 201