( 1 ) PETITIONER has retired from army as JCO on 30. 9. 2000 but he is still insisting on his-promotion to the rank of Subedar.

( 2 ) PETITIONER was enrolled in the Army on 29. 9. 1974. He was thereafter promoted as Naik and then as Naib Subedar. However, he was allegedly denied promotion to the rank of Subedar as he had failed to obtain "high average grading" in the ACR on 1997 and 1998. The movement order dated 2. 9. 2000 was also later passed asking him to move to Pension Establishment. He has challenged these two actions in the present petition and has prayed for quashing of his ACRs recorded in 1997 and 1998 or any other ACR which was not in consonance with his career profile and for his promotion to the rank of Subedar with retrospective effect from 24. 6. 1999. He also seeks a restraint order against respondents from implementing movement order dated 2. 9. 2000.

( 3 ) PETITIONER s second relief has become redundant and is not required to be examined. Coming to his claim for promotion to the post of Subedar, his case is that he had maintained the above/high average career profile all along. Later he was apprised of downgradation of acrs of 1996-97 and 1997-98. But on 4. 6