JUDGMENT

Devinder Gupta, J.

1. This petition under Article 226 of the Constitution of India initially was preferred on 28.10.1995. Before show cause notice was issued to the respondents, amendment was sought by the petitioner, which was allowed on 16.11.1995 on which date a show cause notice was issued to the respondents on the grievances of the petitioner that: (a) being the seniormost Major General in Army Ordinance Corps (for short "AOC"), by virtue of Regulation 70 of the Defence Service Regulations, he was entitled to be considered for appointment as Lt. General; and (b) though he had made a statutory complaint, the same was not dealt with till after the date of his retirement. After the parties exchanged their affidavits, counsel for the parties were heard on their respective submissions.

2. Petitioner claims that as Major General, he was due to retire from army on 31.10.1995. In July 1994 Lt. General Prem Sagar, Commandant, College of Materials Management (for short `CMM') of AOC prematurely retired from service. A vacancy, thus, arose in the rank of Lt. General in AOC. The petitioner being the seniormost Major General available in AOC became eligible for promotion again