[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. J U D G M E N T D.B. CIVIL SPECIAL APPEAL (W) NO.701/2006 (Shankarlal Yogi Vs State of Rajasthan & Ors.) Date: 10/04/2009 ** HON'BLE MR. JUSTICE K.S. RATHORE HON'BLE MR. JUSTICE K.S. CHAUDHARI ** Mr. Chiranjilal Saini, for the appellant. Mr. Anant Bhandari, Additional Govt. Counsel for the appellants. -- Heard learned Counsel for the appellant as well as learned Government Counsel. The matter comes up on the application moved by learned Counsel for the appellant along with judgment rendered by Division Bench of this Court in D.B. Civil Special Appeal (W) No. 1437/2007 (Baldev Singh Vs State of Rajasthan & Ors.). The Division Bench has considered the same impugned order, which was under challenge in the writ petition filed by the appellant before the learned Single Judge. The Division Bench has thoroughly considered the provisions of law as well as judgment rendered by Hon'ble the Supreme Court in SLP (C) No. 6999/2003, wherein the Hon'ble Supreme Court has dismissed the appeal filed by State in the case of State of Rajasthan Vs Manilal Joshi, vide judgment [2] dated 22.08.2003. Since, the controversy involved in the present special appeal has already been decided by the Division Bench of this Court vide judgment dated 09.09.2008 and the judgment squarely covers the controversy involved in this appeal, therefore, the present appeal deserves to be allowed. The application No.35218 dated 24.09.2008 stands allowed. Consequently, the special appeal stands allowed in terms of judgment rendered by the Division Bench in D.B.S.A.W. No. 1437/2007. The order impugned dated 10.05.2006 passed by the learned Single Judge dismissing the writ petition is hereby set aside. The order of reversion dated 06.12.2000 is quashed and set aside and the petitioner is accordingly held entitled to continue on the post of promotion with consequential benefits. The judgment rendered in D.B.S.A.W. No. 1437/2007 be treated as part of this judgment. (K.S. CHAUDHARI), J. (K.S. RATHORE), J. DJ/ 1