JUDGMENT :

L. NAGESWARA RAO, J.

1. These Appeals arises out of a judgment of the Armed Forces Tribunal by which the rejection of the statutory complaint filed by the Appellant was upheld. The Appellant was commissioned in the Indian Army as a Lieutenant in the year 1975. She was promoted as a Brigadier on 05.12.2005 and as Rear Admiral/Major General on 24.11.2007. The Appellant retired as Surgeon Rear Admiral on 31.05.2012. As she was not promoted as Surgeon Vice Admiral, she filed a statutory complaint on 15.07.2010 seeking following reliefs :

“(a) Five ACRs prior to ICR- 2007 be compared with ICR-2007 and ACR-2008.

(b) Total Expunction of ICR – 2007:- If markings in the assessment on a Select Surg Rear Admiral for selection to the next rank of Surg Vice Admiral are inadequate for selection even to the first Select rank of Surg Caption/Equivalent from the rank of Surg Commander/Equivalent.

(c) Total Expunction of ACT 2008:- If markings in the assessment on a Select Surg Rear Admiral for selection to the next rank of Surg Vice Admiral are inadequate for selection even to the first Select rank of Surg Captain/Equivalent from the rank of Surg Commander/Equivalent.”

2. By an order dated 02.