Army Act (46 of 1950) , S.192— Regulations For The Army (1987) , Regn.108— Promotion – Denial of – Challenge against – Appellant Army officer of the grade of Lieutenant Colonel was considered five times for promotion to the rank of Colonel but was not empanelled -Appellant had consistently received ‘Z’ grading i e unfit for promotion – In one selection process case of appellant was considered with respondent who had also received ‘Z’ grading – Case of said respondent was reconsidered and his grading was upgraded to ‘B’ by the Chief of Army Staff – As COAS had reconsidered case of respondent, case of appellant for upgradation ought also to have been reconsidered – COAS was directed to consider appellant’s case for upgradation and if upgradation was granted , he should be considered for promotion and consequential benefits