Mukundakam Sharma, J.

( 1 ) IN this writ petition, the petitioner is aggrieved by the order passed by the respondents giving him only notional promotion to the rank of Nb. Subedar with effect from 1. 11. 1999 and denying him the arrears of difference of pay and allowances from the said date in the said rank.

( 2 ) THE petitioner herein was enrolled in the Indian Army in the rank of Sepoy on 26. 8. 1981 and thereafter he was promoted to the rank of Naik and Havildar with effect from 1. 4. 1985 and 1. 1. 1988 respectively. Thereafter the petitioner was also detailed for the courses prescribed for the promotion to the rank of Nb. Subedar and the petitioner successfully completed the course and became eligible for the promotion to the rank of Nb. Subedar in the year 1996. The petitioner, however, did not and could not earn the two regimental annual confidential reports which is one of the criteria to earn promotion to the said rank. In order to enable the petitioner to earn the said criteria for promotion also, a posting order was issued from 14 Artillery Brigade posting the petitioner to 253 Medium Regiment under order dated 7th July,1998. The petitioner was also allowed to be moved o

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