1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGEMENT D.B. Special Appeal (Writ) No.322/08 State of Rajasthan & Ors. vs. Tej Mal Modi Date of Order :: 8th September, 2008 PRESENT HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Mr. Arvind Pareek for Mr. M.S. Raghav, AAG for the appellants Heard learned counsel for the appellants. This appeal is directed against the order dated 18.12.2006 passed by learned Single Judge of this Court in its writ jurisdiction whereby and whereunder the writ application filed by the contesting respondent / writ petitioner was allowed. Promotion granted to the writ petitioner dated 14.02.1995 was sought to be withdrawn vide order dated 25.05.1999 as contained Annexure-11 to the writ application. The order impugned dated 25.05.1999 was challenged in writ jurisdiction and this Court vide order dated 17.06.1999 stayed the operation of order dated 25.05.1999. The writ petitioner thereafter superannuated during pendency of the writ application and he enjoyed the benefit of promotions so granted on 14.02.1995. After superannuation of the writ petitioner, the writ application came up for final disposal. The learned Single Judge of this Court keeping in view these aspects of the matter allowed the writ application and set aside the 2 order of withdrawal of promotion dated 25.05.1999. It is not in dispute that the writ petitioner enjoyed the benefits of promotion all through, right from 1995 till the date of his superannuation, particularly by virtue of the interim order passed by this Court. There is nothing on record to show that any attempt was made on behalf of the State to get the interim order of stay vacated, nor any intra court appeal was filed against the interim order. After superannuation of the writ petitioner, in our view, therefore, the matter could not have been allowed to be chased by the State-respondent by filing this appeal as it would amount to against the principles of equity. For the reasons aforementioned, therefore we find no merit in this appeal. This appeal is accordingly dismissed. (Mohammad Rafiq),J. (Narayan Roy), C.J. ravi/-