- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 382 of 1997 THE STATE OF RAJASTHAN AND OTHER V/S MAHENDRA SINGH RATHORE AND OTHER Mr. BL BHATI, AGA, for the appellant / petitioner Mr. ASHOK CHOUDHARY, for the respondent Date of Order : 24.1.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI DEO NARAYAN THANVI,J. ORDER ----- By the impugned judgment, 11 writ petitions were allowed, which were filed by different employees, including the present respondent. However, against this judgment, one bunch of Special Appeals led by D.B.S.A.W.No.876/95 was decided on 11.3.96, whereby the appeal was allowed, and the writ petition was dismissed. Thereafter, yet another appeal No.165/97 was also allowed on the same basis vide judgment dated 11.8.99, and it is informed by learned counsel for the appellant that apart from the present one, and one or two matters, all other matters had been decided, and the appeals of the State had been allowed, and the judgment of the learned Single Judge has been set aside. - 2 - In that view of the matter, this appeal is also allowed for the same reasons, as given by Division Bench in judgment dated 11.3.96 passed in S.A.W.No.876/95, and the writ petition is dismissed. Since it is contended by learned counsel for the respondent that since there was no stay by the Division Bench, the respondent is continuing in service till the date. If he is so continuing in service, then it will be open to the employee to take such recourse as may be available to him under law for regularisation of service if entitled to. ( DEO NARAYAN THANVI ),J. ( N P GUPTA ),J. /tarun/