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2003 Supreme(Del) 1025

PRADEEP NANDRAJOG, USHA MEHRA
COL. J. P. S. MAHLA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
MANINDER SINGH, REKHA PALLI

PRADEEP NANDRAJOG, J.

( 1 ). AGGRIEVED by the judgment and order dated 17. 12. 1999 dismissing the writ petition filed by him, appellant has filed the present appeal.

( 2 ) IN the writ petition, prayer made was that the order dated 1. 10. 1999 and 8. 10. 1999 be quashed. The order dated 1. 10. 1999 directed that the movement order in respect of the appellant as Director Frieswal Project, on permanent posting be cancelled and appellant was required to move to his new post in his present rank. By order dated 8. 10. 1999 it was directed that the appellant should amend the casualty order and that the appellant should indicate that he has assumed the appointment of Director in the Military Farm Frieswal Project in the rank of Lt. Colonel.

( 3 ) IN brief, case of the appellant is that on being considered for promotion to the rank of Colonel from the rank of Lt. Colonel, appellant s promotion was approved and on 12. 4. 1999 posting/promotion order was issued. The order contained the following direction:-

"ic-39027n Lt. Col. JPS Mahla has been granted acting rank and pay of Col. w. e. f. The date of assumption of new appt. subject to his remaining in med cat SHAPE-I/in acceptable low med ca




































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