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It is the claim of the petitioner that under the letter dated 21st May 1991 he was promoted to the rank of `Substantive Lt. Patna High Court CWJC No.10002 of 1996 29-04-2011 2 Colonel by Time Scale'. Under the impugned communication he has been shorn of his promotion and the status of Lt. Colonel in violation of principle of natural justice. From amongst the several Majors promoted as Lt. Colonels, the petitioner was singled out for demotion to the post of Major. The petitioner has, thus, been meted with discriminatory treatment.

The petition is contested by the Union of India. The Union of India has filed counter affidavit. At the outset, the petition is contested on the ground of territorial jurisdiction. It is stated that in November / December 1970 the petitioner was court martialled for an incidence of theft and he was sentenced to forfeiture of seniority, forfeiture of service for promotion and pension and severe reprimand. Subsequently, he was considered for promotion from the post of Major in May 1989 but was found unfit. The Board of Review also found him unfit. His statutory complaint against his supersession was duly considered and was rejected on 9th September 1992. However, in the meantime, inadvertently the communication dated 21st May 1991 was issued permitting him to hold the substantive rank of `Lt. Colonel by Time Scale`. The said mistake was later discovered. Therefore, the impugned communication was issued on 13th September 1996. The affidavit also states that the rank of Major and the substantive rank of `Lt. Colonel by Time Scale` were in the same pay scale and had the same age of retirement by superannuation, i.e. 52 years. The impugned communication dated 13th September 1996 had, therefore, no consequences. The communication was issued with a view to correcting the record.

Learned Advocate Mr. Ambar Nath Banerji has appeared for the writ petitioner. He has submitted that it is not true that the rank of Major and the rank of Lt. Colonel by Time Scale were Patna High Court CWJC No.10002 of 1996 29-04-2011 3 equivalent as the rank of Lt. Colonel by Time Scale had several fringe benefits which were not attached to the rank of Major. He has further submitted that the petitioner has been shorn of his rank of Lt. Colonel without affording him an opportunity of hearing.

As the impugned communication had no other consequences except the petitioner was shorn of the rank of Lt. Colonel; now that the petitioner has retired from service for more than 10 years and that, in fact, the petitioner was not found to be fit for promotion as Lt. Colonel by Time Scale, no further order is required to be made in this petition.

The petition is accordingly disposed of. The parties will bear their own cost.