D. P. WADHWA ( 1 ) IN this petition filed under Article 226 of the Constitution, the petitioner , a Major General and posted as Additional Director General at the Directorate General of Armed Forces Medical Services ( dgafms for short.) in the Ministry of Defence, Government of India, seeks a writ of mandamus, order or direction to set aside his retirement w. e. f. 31 January 1994, and to restore to him the position of the Additional Director General as held by him until 31 January 1994. He further seeks a writ, direction or order granting him extension of service as had been done in the case of Major General R. C. Ahuja. Then the petitioner seeks certain consequential reliefs. There are three respondents. First respondent is the Union of India through the Secretary, Ministry of Defence; second respondent is the Director General, Armed Forces Medical Services; and third is the Major General R. C. Ahuja. ( 2 ) THE petitioner was commissioned in the Army Medical Corps as Lieutenant in 1958. He picked up various ranks and on 8 April 1992 he was promoted from Brigadier to Major General and posted as Additional Director in DGAFMS. Prior to 18 January 1991 he was in medical category SHAPE (S1,h1,a1,p2,e2 ). SHAPE, an acronym, stands for as under: - S - Psychiatry. H - Hearing A - Appendages (Limb) P - Physical (includes all systemic aiganic diseases) E - Eyes. ( 3 ) PETITIONER underwent an eye operation on his right eye and his medical category was S1, H1, A1, P2, E2. After he had picked up the rank of Major General, Medical Board was constituted on 18 May 1992 to place him in appropriate medical category. After usual formalities, his medical category was upgraded on 14 September 1992 as S1, H1, Al, P2, E1. Though the respondents have said that the petitioner could not have been upgraded to E1, but that, we find, is not quite relevant for the decision of this petition. In January 1993 petitioner was operated of his left eye and his medical category was again down graded to 31, H1, A 1. P2. E2 which continued to be so when he retired on 31 January 1994. In January 1993 petitioner was operated of his left eye and his medical category was again down graded to 31, H1, A 1. P2. E2 which continued to be so when he retired on 31 January 1994. ( 4 ) MEANWHILE, on 27 November 1992 the petitioner made a statutory complaint to the Central Government for re-fixing his seniority over Major General D. K. Das since deceased. While his statutory complaint was still pending a Special Selection Board (Medical) for promotion of Major General (and equivalent) to Lt. General (and equivalent) was held on 26 April 1993 for selection of four officers to the rank of Lt. General (and equivalent) out off the following 12 Major Generals (and equivalent) 1. Maj Gen R. K. Suri (now Lt. Gen) 2. Maj Gen Ajit Singh (since Retd.) 3. Maj Gen Jaswant Singh (since Retd.) 4. Surgeon rear Admiral GP Panda (now Vice Admiral) 5. AVM VK Singhal (since Retd.) 6. AVM B Gandhi (since Retd,) 7. Maj Gen DK Das 8. AVM PC Sharda 9. Maj Gen SG Niyogi (petitioner) 10. Maj Gen RC Ahuja (Respondent No. 3) 11. Maj Gen KP Saxena (since Retd.) 12. Maj Gen SBD Chaudhry (since Retd.) ( 5 ) THE Selection Board stopped at serial No. 6 and the petitioner being at serial No. 9 was not considered for promotion. The petitioner, as a matter of fact, addressed a complaint to the Director General, Armed Forces, on 23 April 1993 stating that the Special Selection Board (Medical) was scheduled to be held on 26 April 1993 and that there were four vacancies and 12 officers would be considered unless one extra officer was selected to cater for unforeseen contingency. He said his statutory complaint was still pending for refixing inter se seniority, vis- a-vis Major General D. K. Das. He said in the event of acceptance of his statutory complaint he would be placed at serial No. 8 instead of serial No. 9 as at that time. He prayed that instead of stopping at serial No. 8, appropriate endorsement by the Board might kindly be made against serial No. 9 also so that in the event of his statutory complaint being upheld, suitable adjustment of his name, if selected, be made vis-a-vis Major General D. K. Das. However, as noted above, the Selection Board itself stopped at serial No. 6. However, as noted above, the Selection Board itself stopped at serial No. 6. ( 6 ) STATUTORY complaint of the petitioner was accepted by the Central Government and he was communicated this decision on 10 September 1993. It was mentioned that his statutory complaint for refixation of his inter se seniority vis-a-vis Major General D. K. Das had been accepted with the approval of Hon ble the Prime Minister. The DGAFMS was advised to provide desired relief to the petitioner by re-adjusting his seniority vis-a-vis Major General D. K. Das. Major General D. K. Das expired on 6 December 1993. Then, following the directions of the Central Government in the Ministry of Defence, Special Selection Board (Medical) was again convened to consider the remaining two vacancies of 1993 in continuation of the Board held earlier on 26 April 1993. The Board sought certain clarifications and it was convened on 27 December 1993 when two officers, namely. Major General P. C. Sharda and Major General R. C. Ahuja were selected for promotion to the rank of Lt. General (and equivalent ). The case of the petitioner was not considered in view of the Government of India, Ministry of Defence s letter No. 29303/ DGAFMS/dg-l (X)/1000-S/d (Med), dated 20 August 1976, as amended, as the petitioner was in the medical category SHAPE P2, as he had already been promoted to the rank of Major General from Brigadier in same medical category, and could not further be promoted to the next higher rank and had to be wasted out in the rank to which he had earlier been promoted. We may as well reproduce this letter in full :- "appendix -A TO GOVT. LETTER N0. 029303/dgafms/ DGI (X)/1000-S/d (Med),20aug 76. MEDICAL STANDARDS IN SHAPE FACTORS FOR PRO- MOTION TO THE SUBSTANTIVE RANK OF COL AND ABOVE IN THE AMC/ad CRPS/mns. (a) Shape-1 (b) Grade 2 under anyone of the factors, H,a,p and E. (c) Grade 2 under both factors H and E. (d) Grade 2 under both the factors H and P as well as both factors P and E provided that the grade 2 under P is for an eye or ear disease, which is also responsible for defective acuity of the organ. (e) Grade 2 under both the factors H and A as well as both factors A and E provided that the following conditions are fulfilled :- (1) Such promotions are in public interest and will be certified by the DGAFMS. (ii) Medical Board certifies that the officer can perform the normal active service duties of the rank of which he is being promoted and that any defect/disability is not likely to be aggravated by the service conditions. (f) Grade 2 under factor p due to constitutional, metabolic or other disease process when associated with Grade 2 in the factor "a" or "h" or "e" from the same cause, each case will be considered on merits. (For example, hearing defect In association with high blood pressure (H2p2), defective vision in association with diabetes (P2e2), or gout with arthritis (P2a2 ). (g) Not-withstanding the above recommendations, in exceptional cases an officer in a medical classification other than those mentioned above, may be considered for promotion provided that :- (i) he is in Sl; (li) conditions under e (i) and (ii) are satisfied; and (iii) he is considered specially suitable and efficient. (h) When promoted vide paras (e) to (g) above, the officer will be wasted out in the rank to which he is promoted. AMENDMENT MADE BY THE GOVT OF INDIA. MIN. OF DEF. LETTER NO 29309/dgafms/dg-1 (X)/ 1376-S/d (Med) dated 25 November 1978. In Appendix a delete paras e (ii) and substitute as follows (ii) Medical Board certifies that - (a) the officer can perform the normal active service duties of the rank to which he is being promoted, in his present medical category; and (b) any defect/disability/disease from which the officer is suffering is not likely to be aggravated by service conditions, provided he is employed on duties compatible with his medical category and within the restrictions placed by the Board. If we see clause (h) above, the petitioner had to be wasted out in the rank of Major General as to him clause (f) would be applicable. Petitioner says when he was promoted to the rank of Major General he was not told that he would be wasted out as per this Government letter, otherwise, he says, he would have taken steps to have his medical category improved. His argument is countered by Mr. Petitioner says when he was promoted to the rank of Major General he was not told that he would be wasted out as per this Government letter, otherwise, he says, he would have taken steps to have his medical category improved. His argument is countered by Mr. M. Chandrashekharan, learned counsel for the respondents, who brought to our notice a noting of the petitioner himself recorded on 17 July 1992 in the case of Brigadier Sampuran Singh. The petitioner had recorded that Brigadier Sampuran Singh was not eligible for. promotion in terms of the aforesaid letter of the Government of India dated 20 August 1976 as amended, as he had been promoted to Brigadier from Colonel while in medical category Sl HI A2 P2 El, and that although he was promotable as per merit, he was, therefore, deemed as (not having been considered ). In this view of the matter. It is difficult for us to believe that the petitioner was not aware of this letter dated 20 August 1976 of the Government of India. We also do not find any force in his submission that at the time of his promotion he was not told that this letter would be of no effect and would not apply to him. The petitioner would have certainly known this letter and its effect. We, therefore, hold that this letter is applicable to the case of the petitioner. ( 7 ) OUR attention has also been drawn to the arrival report of the petitioner which is dated 16 April 1992 when the petitioner was promoted from the rank of Brigadier to that of Major General. In this arrival report his medical category is shown as SHAPE P2 E2, and it was also mentioned whether he was granted any higher rank, and the report gives the answer in affirmative. ( 8 ) THE case of the petitioner along with other officers was placed before the Special Selection Board (Medical), and, as noted above, because of the letter dated 20 August 1976 his case could not be considered for further promotion to the rank of Lt. General, and AVM R. C. Sharda and Major General R. C. Ahuja were selected for promotion to the rank of Lt. General. Since the petitioner did not pick up the rank of Lt. General he had to retire on 31 January 1994. General, and AVM R. C. Sharda and Major General R. C. Ahuja were selected for promotion to the rank of Lt. General. Since the petitioner did not pick up the rank of Lt. General he had to retire on 31 January 1994. Had he been promoted he would certainly have gained one more year of service as Lt. General. He, therefore, cannot ask for the relief claimed. ( 9 ) THE petition fails and is dismissed -. There will be, however, no order as to costs. Rule is discharged.