The term "substantive vacancies" in Rule 660-C of the Bihar Police Manual includes temporary vacancies as well, and officers granted out-of-turn promotion are entitled to confirmation against such temporary vacancies.

S. N. Jha, J.

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.

4. Rule 660-C as originally stood in the Bihar Police Manual framed in 1978 was as follows:-

"660c. Out of turn promotion.-Selection Boards may recommend out of turn promotion to officers with outstanding records of service and competent authorities may order such promotion in deserving cases as they deem fit and proper with the approval of next higher authority. Officers so promoted should be placed below the officers of the approved existing list of respective rank prepared by selection Boards and confirmed against substantive vacancies as and when vacancies arise in the order of the list. Criteria taken together for determining outstanding records of service will be as follows:-

(i) Award of Presidents Police Medal and Indian Police Medal for gallentry and distinguished service;

(ii) should not have been awarded any major punishment till the date of consideration and order of out-of-turn promotion;

(iii) very good entries in permanent character Roll;

(iv) citation regarding high standard of and intelligence work ;

(v) should have ability for shouldering higher responsibility consonant with the proposed promotion. [see the Home (Police) Department notification No. GSR 34 dated 12th May, 1976. The Rule, it would appear, is in two parts. While the first part contains the substantive provision granting an out of turn promotion, the second part contains the eligibility clause for such promotion. By notification No. GSR 65 dated November 29, 1982 of the Home (Police) Department the Rule was amended. The petitioners have filed the hindi text of the awarded Rules. Translated into English, the amended Rule reads as follows (omitting the eligibility/criteria part):-

Selection Boards may recommend out-of-turn promotion to officers who have been awarded police medal, having outstanding record of service, and the competent authority may order such promotion if it considers fit and proper with approval of the next higher authority. The officers so promoted shall be placed below the officers of the existing approved list of respective rank prepared by Selection Boards. The following criteria shall be adopted for determining outstanding records of service the Rule was amended again by notification No. GSR 1463 dated february 4, 1989. A new Rule was substituted in place of the existing one. The amended Rule now provides for only the criteria and procedure to be adopted for giving out-of-turn promotion. The first part of the Rule as it stood originally in 1978 or amended in 1