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(emphasis added)

6. Shri Ganesh Prasad Singh, learned Counsel for the petitioner, submitted that the impugned decision of the Departmental Board dated 23-8-2001, professedly in the light of the decision of the Suprme Court in Civil Appeal No. 3005 of 2000, State of Bihar and Ors. v. Kameshwar Prasad Singh and Ors. , is result of wrong interpretation of the said decision. As a matter of fact, the Supreme Court held in no uncertain terms that out of turn promotion under Rule 660-C of the Bihar Police Manual is a substantive promotion, on merit, like promotion under Rule 649. Such promotion having been granted to the petitioner, in accordance with the Rules, he cannot be denied the consequential and corresponding benefit of seniority with effect from the date of such promotion. He urged that the Departmental Board of the Bihar Homeguards and State Fire Service being administratively subordinate to the DGP, it could not disobey the direction of the DGP to determine the petitioner's seniority on the basis of his out of turn promotion with effect from 5-7-1996 vide order dated 5-1-2001 by which the out of turn promotion was granted from a backdate.