S. B. Sinha, G. C. Bharuka, JJ.

1. Sri Rameshwar Nath Mishra filed a writ application in the Court claiming inter olia insurance of a writ or direction upon the respondents to promote the petitioner to the post of deputy Superintendent of Police with effect from the date of his officiating promotion as his seniority is fixed on the basis of the continuous officiation i. e. from 1.1.1975.

2. The fact of the matter lies in a narrow compass.

3. The writ petitioner was appointed as literate constable on 21.4.1949. He was promoted to post of Sub-Inspector of Police on 17.12 1960 and was confirmed in the said post on 10.9.1973.

4. The petitioner, thereafter, was transferred to the department of vigilance and he joined there on 31.121974 He was promoted to the post of Inspector of Police by the then Inspector-Oeneral-cum-Special secretary, Cabinet (Vigilance) Department, Bihar, Patna; by an office order dated 1.1.1975.

5. By an office order dated 1.11.1980 the petitioner was granted scale of Selection Grade Inspector of Police. However, the period during which the petitioner officiated in the post of Inspector of Police was not being considered.

6. The petitioner filed several rep