1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 678 of 2001 STATE & ORS. V/S JASVEER SINGH & ORS. Mr. BL BHATI, A.G.A., for the appellant / petitioner Mr. HARISH PUROHIT, for the respondent Date of Order : 8.1.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI MOHAMMAD RAFIQ,J. ORDER ----- Learned counsel for the parties are agreed to the effect that the controversy involved in the present matter is covered by the Division Bench judgment of this Court dt. 4.1.2001 passed in D.B. Civil Special Appeal No. 1222/2000 State of Rajasthan Vs. Shri Santosh. Accordingly, this appeal is also allowed, and the matter is remanded back to the learned Single Judge for the reasons given in the said order. At this stage learned counsel for the respondent submits that pursuant to the impugned order, the private respondents are continuing in employment, and now by virtue of the matter being remitted back to the learned Single Judge, they may not be dislodged from the employment. 2 Learned counsel for the appellant submits that there was stay from this Court. However, in view of the fact that contempt proceedings had been initiated the writ petitioners had to be given appointment but then they have no right to continue. In our view, it would be in the interest of justice that till the matter is decided by the learned Single Judge, the private respondents may be allowed to continue in the job but then such continuation by itself will not confer any right on the writ petitioners, and they will be bound by the ultimate decision of the writ petition. ( MOHAMMAD RAFIQ ),J. ( N P GUPTA ),J. /Sushil/