Permod Kohli, J.

1. Denial of promotion to the petitioner HIV+ has persuaded him to file this petition for seeking justice against the alleged discriminatory treatment meted out to him by the authorities on mere apprehensions. The petitioner was initially recruited as a Constable (GD) on 11.7.1987. He was allocated to 2nd Battalion Dehradoon. On the basis of merit and seniority, he was promoted to the rank of L/NK on 21.1.1992. The next promotion is to the post of Naik (GD) for which the petitioner was eligible. On consideration alongwith other eligible candidates, he was empanelled for promotion vide Director General Order No. 1. 19012/3/95 Estt. B. 21705 dated 16.11.95, w.e.f. 14.11.95 giving effect of promotion from 14.11.1995 in the pay scale of 950-1150-EB-25-1400 plus original, special pay and other allowances admissible from time to time. The empanelled promotees were granted actual promotion vide the order of respondent No. 4 dated 12.12.1995 and the petitioners name did not figure in this promotion order, though some empanelled juniors to him were promoted. This promotion order has reference to the order of Director General, ITBP dated 16.11.1995. Prior to his empa