1 S.B.CIVIL WRIT PETITION NO.767/1999 Wg.Cdr.O.P.Gupta VSM v. Union of India & Ors. Date of Order :: 9th April, 2009 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. K.K.Shah, for the petitioner. Mr. M.S.Godara for Mr.V.K.Mathur, for the respondents. .... To seek a direction for respondents to consider his candidature for promotion to the rank of Group Captain from the date an officer junior to him was promoted, this petition for writ is preferred by the petitioner. The petitioner was commissioned as Pilot Officer with Indian Air Force on 30.12.1972. A promotion was given to him as Squadron Leader and thereafter as Wing Commander. In the year 1996, the respondents convened a meeting of promotion board on being availability of two vacancies in the rank of Group Captain. As a consequent to recommendations of the promotion board two officers senior than the petitioner were selected and promoted. In the year 2 1997, on availability of one vacancy with the rank of Group Captain, a promotion board was convened and person senior to the petitioner was promoted. In the year 1998, the promotion board was convened to fill up two existing vacancies of Group Captain and one person senior and one person junior to the petitioner were selected for promotion, however, the respondents scrapped the entire selection. A new select list was subsequently declared whereby two persons senior than the petitioner were empaneled for promotion as Group Captain and one person junior to the petitioner was kept in reserved list. Being aggrieved by placement of a person junior in the reserved list, the petitioner submitted a representation for redressal of his grievance but that was rejected. He also submitted a statutory complaint but that too was rejected by the competent authority, thus, this petition for writ is preferred. In reply to the writ petition, it is submitted by the respondents that as a matter of fact no person junior than the petitioner was promoted as Group Captain. The reserved list was not at all operated. The fact aforesaid is not denied by the petitioner. In view of the factual position above the grievance of the petitioner regarding promotion of a person junior than him is ill-founded. No right of the 3 petitioner at all is infringed, as such the relief as claimed by the petitioner cannot be granted. Accordingly, this petition for writ is dismissed. ( GOVIND MATHUR ),J. kkm/ps.