$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 27.02.2026 + W.P.(C) 2620/2026 & CM APPL. 12747/2026 UNION OF INDIA AND OTHERS .....Petitioners Through: Mr. Sandeep Kumar Mahapatra, CGSC. versus BRIG. SUSHIL KUMAR KAUSHIK .....Respondent Through: Mr. Ankur Chhibber, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL

1. This writ petition lays a challenge to the order dated 29.10.2025 passed by the Armed Forces Tribunal, Principal Bench (‘Tribunal’) in OA No. 5206/2024 (‘O.A’, for short) filed by the respondent herein, whereby, the Tribunal has allowed the OA by stating in paragraph no.21 of the order as under:-

“21. In view of the above, it is directed that the entire assessment of the IO in the impugned CR of 2019 be set aside and the applicant be afforded a Special Promotion Board (AFMS) based on his changed profile. The said board be conducted within three months from the date of the order and a report made to this Tribunal.”

2. The OA was filed by respondent seeking following prayers:-

“i. Quash and set aside the impugned result of the board proceedings of the Promotion Board (Medical) No.1, issued vide result order dated 22.09.2023 for the Promotion Board (Medical) No.1 convened on 07.09.2023, result Order dated 16.03.2023 for the Promotion Board (Medical) No.1 convened on 10.01.2023, result Order dated 01 .07.2022 for the Promotion Board (Medical) No.1 convened on 22.03.2022 and result order dated 22.09.2023 for the Review Promotion Board (AFMS) No. 1 convened on 07.09.2023 to the extent that the Applicant was not empanelled for promotion to the rank of Major General as he was placed under "NS" i.e. Not Selected Category for the said purpose.;

ii. Quash and set aside the order dated 10.05.2024 whereby Applicant's statutory complaint dated 11.12.2023 against the result order dated 22.09.2023 of Promotion Board (Medical) No.1 convened on 07.09.2023 was rejected, order dated 09.08.2023 whereby the Applicant's statutory complaint dated 12.04.2023 against result Order dated 16.03.2023 for the Promotion Board (Medical) No.1 convened on 10.01.2023 was rejected, order dated 02.11.2022 whereby Applicant's statutory complaint dated 14.07.2022 against result order dated 01.07.2022 for the Promotion Board (Medical) No.1 convened on 22.03.2022 was rejected;

iii. Call for the records pertaining to the ACR of the Applicant and consider the tenability of the gradings awarded in the ACRs that were under the zone of consideration and (l to expunge the grading awarded by the Initiating officer in ACR for assessment period 01.01.2019-02.10.2019 and grading awarded by Reviewing Office in ACR for assessment period 01.01.2020 to 14.08.2020 which are inconsistent with the gradings that are consistently awarded to the Applicant; and iv. Call for the records based on which impugned results dated 22.09.2023, 16.03.2023, 01.07.2022 pertaining to the Regular Promotion Board (AFMS) No.1 and Result dated 22.09.2023 pertaining to Review Promotion Board (AFMS) No.1, were passed by the Respondents grading the Applicant "Not Selected" for promotion to the rank of Major General on respective occasions and thereafter quash them all; and v. Direct the Respondents to order for conducting a Special Promotion Board (AFMS) in respect of the Applicant, consider him afresh for promotion to the rank of Major General in AMC pursuant to the improved ACR grading and the corresponding revision in the value judgment marks; and vi. Direct the Respondents to grant all such consequential benefits admissible to the Applicant retrospectively;

vii. Pass any other order/orders as deemed appropriate by this Hon'ble Tribunal in the facts and circumstances of the present case.”

3. The facts as averred in the OA are that the respondent is a serving officer of Army Medical Corps (AMC), who was commissioned in the AMC of the Indian Army on 28.06.1989, and he was getting promotions from time to time and a