Kamlesh Sharma, J.—The petitioner was promoted to the acting rank of Brigadier on 10th April, 1990 and since then he has been working as such. By letter dated 4th March, 1992 (Annexure PD/1) he was informed that the competent authority had not approved the grant of substantive rank of Brigadier to him In view of his not being deemed fit for appointment to the substantive rank of Brigadier, by letter dated 17th July, 1992 (Annexure P-D), the Military Secretary to the Government of India asked the option of the petitioner, besides two others, to seek voluntary retirement as acting Brigadier or revert to lower substantive rank and retire in due course, as per the instructions contained in Army Head-quarter letter No. 29189/11/ MS (X) dated 23rd February, 1986.

2. Instead of exercising his option, the petitioner has knocked at the door of this Court by way of the present writ petition to challenge the letters dated 4th March, 1992 and 17th July, 1992 (Annexures P. D/l and P. D) on the ground, inter alia, that he has been denied the substantive rank of Brigadier not on the basis of his performance during the period he held the acting rank of Brigadier but on account of award of "