MOHD HASNAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in these two writ petitions seek a mandamus to the respondents to confirm them in the rank of Inspector of Police on completion of period of probation of two years and to give them the consequential benefits of such confirmation by way of re-fixation of their seniority in the gradation list of Inspectors, promotion to the rank of Deputy Superintendent of Police, etc.

(2.) Both the petitioners and the State have filed exhaustive affidavits enclosing documents in support of their respective case. But as the writ petitions involve a short (though not simple) point of law it is unnecessary to traverse the facts pleaded by them.

(3.) The petitioners were granted out of-turn promotion to the rank of Inspector of Police in terms of provisions of Rule 668-C of the Bihar Police Manual. While Mohammed Hasnain, petitioner in CWJC No. 3359 of 1996 was granted such promotion on July 4, 1985 with effect from February 15,1983, Kumar Amar Singh, the petitioner in CWJC No. 3360 of 1996 was allowed the said promotion on February 3, 1988 with effect from January 17, 1983. The dispute between the parties is whether they are to be confirmed only against the permanent vacancies in the rank of Inspector, as asserted by the respondents, or against either permanent or temporary vacancies in that rank; as contended by that petitioners. The only point for consideration is whether the vacancies within the meaning of Rule 660-C includes temporary vacancies as well.