Honble RAFIQ, J.–Union of India has come up in appeal against the judgment of the Single Bench of this Court dated July 2 2007 whereby and whereunder, the writ petition filed by the respondent-Group Capt. M.S. Bhatnagar was dismissed wherein he had challenged the orders dated 19.5.1998 and 21.5.1998 asking him to proceed on premature retirement by 15.6.1998. These two orders were passed on the basis of application submitted by the respondent to the appellants on 26.8.1997. Respondent was commissioned in the Army Medical Corps on 8.9.1963 and was seconded to Indian Air Force on 23.3.1988. He was posted as Commanding Officer in the Air Force Hospital, Kanpur Cant on 23.1.1995. When superseded by his juniors, the respondent in such state of mind requested the authorities to release him on premature retirement w.e.f. 1.4.1998. In fact, prior to making that application, he had filed writ petition before the Allahabad High Court raising the grievance that inspite of his possessing meritorious record throughout, he was over looked for promotion to the post of Brigadier in the Army Medical Corps, which was equivalent to Air Commander in Air Force, consecutively for the years 1994, 1995 and

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