1. These two writ petitions relating to two different causes, filed by the petitioner, have been clubbed and heard together. Though SWP no. 2729/2012 is the first in point of time, yet I deem it appropriate to first deal with SWP no. 529/2013, as the reliefs sought in SWP no. 2729/2012 are umbilically connected to those prayed for in SWP no. 529/2013.

SWP No. 529/2013:

2. The case of the petitioner shrouded in, somewhat, complex pleadings made in the writ petition, is this: The petitioner is a Member of Central Armed Police (Gazetted) Service. Being DIG, he was an aspirant for promotion to the rank of Inspector General of Central Reserve Police Force (IG CRPF). The Departmental Promotion Committee met on 19.03.2012 and empanelled him for such promotion. The Competent Authority (Appointment Committee of the Cabinet) vide order dated 08.05.2012 approved promotion of the petitioner to the rank of IG, CRPF. Even after having been approved for promotion to the rank of IG, CRPF, and being medically fit possessing Medical SHAPE1, the formal promotion order of the petitioner was withheld on the plea that the petitioner, as per the Annual Medical Examination (AME) report / findings of the CRPF Medical Board was not in Medical SHAPE1 and, therefore, medically not fit. The further case of the petitioner is that on learning about the above finding / report of the CRPF Medical Board, he made a representation dated 03.08.2012 to the Competent Authority in the Ministry of Home Affairs against the Annual Medical Examination (AME) report / finding dated 26.07.2012. The Competent Authority in the Ministry of Home Affairs, on examination / scrutiny, found the representation well founded and made an endorsement thereon to the following effect:

"(i) There seems to be over writing in the medical report. That may be got enquired into by the CFSL and a senior officer;

(ii) He may be got examined by Doctors from AIIMS / Safdarjung or RML or a panel with one doctor from each Hospital."

In furtherance of the aforesaid direction of respondent no. 2, as recorded and endorsed on the representation, the medical papers of the CRPF Medical Board supra, pertaining to the Medical Examination of the petitioner were sent to Director, Central Forensic Science Laboratory, New Delhi, for investigation. Meanwhile, steps were also taken to constitute a Board of Doctors for Medical Examination of the petitioner to assess his medical fitness as per the Standing Order No. 04/2008 dated 15.12.2008. In this connection, the Director, Personnel, Ministry of Home Affairs, (Police II Division), Government of India, addressed communication dated 08.087.2012 to the Medical Superintendent, All India Institute of Medical Sciences, New Delhi, requesting him to constitute a board of doctors to carry out the detailed medical examination of the petitioner. The Administrative Officer (Hospital), AIIMS, in turn, vide his communication dated 09.08.2012, informed the Director that AIIMS Hospital did not have any standing medical board for the said purpose. Eventually, it is submitted that, the competent authority in the Dr. Ram Manohar Lohia Hospital (RML), New Delhi, acceding to the request, constituted a medical board, which medically examined the petitioner and placed him in SHAPE-1. It is also stated that case of one Shri K. K. Sharma, DIG, BSF, was also referred to the said Board for assessment of his medical category.

3. The Director, Personnel in the Ministry of Home Affairs, on receiving the report of the Medical Examination conducted by the specially constituted medical board by RML, submitted the case of the petitioner and Shri K. K. Sharma, DIG, BSF, to the competent authority for approval of their promotions to the rank of IG in the respective Para Military Forces, viz. CRPF and BSF. It is stated that approval sought for was eventually accorded and, inter alia, the petitioner was promoted to the rank of IG, CRPF, which is evidenced by the communication of Government of India, Minist