BISWANATH SOMADDER, J

(1) IN the present proceedings before us, two appeals have been filed against the judgement and order dated 25th April, 2006, passed by the Honble First Court in W. P. No. 25155 (W) of 2005. One appeal, being M. A. T. No. 2965 of 2006 has been filed by Union of India and ors. and the other, being M. A. T. No. 2255 of 2006, has been filed by the writ petitioner.

(2) BEFORE we look into the judgement in detail, the facts, in brief, as it unfolds from the impugned judgement, needs to be discussed.

(i) An Army Officer holding the rank of a Major General filed the writ petition, inter alia, challenging various decisions of the superior authorities in connection with his service career, including the matter relating to his claim for promotion to the post of Lieutenant General. (ii) At the time of hearing of the matter before the Honble First court, the writ petitioner was posted as G. O. C., Bengal Area. He was aggrieved by various decisions of the superior authorities, which also included not being selected as fit for promotion to the post of lieutenant General. Before the Honble First Court it was contended on behalf of the writ petitioner that the seed