ORDER

1. Leave granted.

2. Respondent 1 S. S. Kothiyal was an Assistant Commandant in the Border Security Force since 1967 and on being considered for promotion as Deputy Commandant in 1970, he was not found fit and, therefore, was not promoted. He was again considered for that promotion in 1971 but was not promoted, because he was not found fit. Later, in 1972, he was found fit for promotion as Deputy Commandant and was so promoted. In 1975, he was promoted further as Commandant. It was several years even thereafter in December 1978 that he filed a writ petition in the Rajasthan High Court challenging his non-promotion in the year 1970 to the post of Deputy Commandant claiming consequential benefits. That writ petition was allowed by the learned Single Judge of the High Court who further directed the actual promotion of Respondent 1 to the post of Deuty Commandant w.e.f. 1970 instead of merely directing a fresh consideration of his case at that, point of time. Further consequential benefits were also directed to be granted. The special appeal to the Division Bench of the High Court was dismissed upholding the judgment of the learned Single Judge. Hence, this appeal by special leav