S. B. Sinha, J.

1. In this application the petitioner has prayed for issuance of a writ of mandamus directing the respondents inter alia to confirm his services of the petitioner as Assistance Sub-Inspector of police and promote him to the cadre of sub-Inspector of Police. The petitioner was appointed as a constable in the year 1975. He was promoted to the rank of S. I. by an order dated 14-4-1976. However, according to the petitioner he has not yet been confirmed in the post of Assistant sub-Inspector of Police, although one Sashi Kant Ojha who was promoted to the post of s. I. in the year 1977 has been confirmed in the services on 1-3-1979 and promoted to the post of sub-Inspector of Police on 1-3-1981.

2. In this case a counter-affidavit has been filed on behalf of the respondents. In the said counter-affidavit, it has been contended that the departmentaly promoted police Officers are confirmed in the post after one year of service whose service records are found satisfactory and clear.

3. It has been stated :

"for confirmation, permanent vacancies are calculated and arranged on state basis and officiating Assistant sub-Inspector are confirmed on the basis of State of Se