JUDGMENT :

Ujjal Bhuyan, J.

Heard Mr. R. Sankaranarayanan, learned Additional Solicitor General of India (Southern Zone) and Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India for the appellants; and Mr. B. Adinarayana Rao, learned Senior Counsel for Mr. T. Srinivas, learned counsel representing the respondent.

2. This intra-court appeal under clause 15 of the Letters Patent has been preferred by Union of India and others against the judgment and order dated 14.06.2021 passed by the learned Single Judge allowing writ petition No.16914 of 2019 filed by the respondent as the writ petitioner.

2.1. Core issue raised in the writ petition and carried forward in the present appeal relates to claim of the respondent for promotion from the post of Brigadier to the post of Major General in the Directorate General of Quality Assurance.

3. Respondent had filed the related writ petition seeking a direction to the appellants who were respondents in the writ petition to conduct review Quality Assurance Selection Board for considering the candidature of the respondent for promotion to the rank of Major General with effect from 01.12.2018 and accordingly to revise his pay scale and to grant him all consequential benefits.

3.1. Case projected by the respondent before the learned Single Judge was that he was initially appointed as Second Lieutenant in the Indian Army. It may be mentioned that respondent is an Engineering Graduate in Electronics. After several stages of promotions, respondent was inducted into the establishment of Directorate General of Quality Assurance which is also under the Ministry of Defence, Government of India. Though initially posted at Bangalore, respondent thereafter worked in several stations in the country. He was posted as Colonel in the Office of Senior Quality Assurance Establishment (Electronics), Secunderabad in January, 2009. In the month of September, 2009 he was promoted to the rank of Brigadier and posted as Controller in the Quality Assurance Systems, Secunderabad. According to the respondent, Directorate General of Quality Assurance has three separate units in Secunderabad; each unit is headed by an officer of the rank of Brigadier, who is rotated normally at intervals of three to five years. Respondent had stated that he worked in the Directorate General of Quality Assurance for twenty years with unblemished and outstanding track record. He was also given additional charge as Additional Director General, Quality Assurance (R&S), Secunderabad with effect from 01.07.2018. Respondent became eligible for promotion to the rank of Major General against anticipated vacancy as on 01.12.2018.

3.2. Quality Assurance Selection Board was convened on 01.05.2018 to consider cases of eligible Brigadiers for promotion to the rank of Major General. The said Quality Assurance Selection Board was convened for considering five vacancies in the rank of Major General (two regular vacancies and three anticipated vacancies) as on 01.12.2018.

3.3. Respondent had stated that five officers in the rank of Brigadiers became eligible for promotion to the rank of Major General. He was the fifth person in the consideration zone as per order of seniority. However, Quality Assurance Selection Board considered only four officers for promotion excluding the respondent. According to the respondent, there was no valid reason for the Quality Assurance Selection Board to exclude him. On the day when the Quality Assurance Selection Board held its meeting on 01.05.2018, no vigilance enquiry was pending against the respondent. No decision was also taken by the disciplinary authority that a departmental proceeding would be initiated against the respondent.

3.4. Respondent obtained minutes of the meeting of the Quality Assurance Selection Board dated 01.05.2018 under the Right to Information Act, 2005. Minutes recorded that in respect of t