1. - The learned single Judge of this Court has referred this writ petition to the Division Bench as according to him two questions arise for decision :

(1) Whether the petitioner is entitled to challenge the impugned order of reversion in this petition under Article 226 of the Constitution on the ground that the said order was passed in violation of Article 14 and Article 16 of the Constitution, and

(2) Whether the decision in Avinash Swarup v. State, 1974 Raj LW 584 lays down the correct law in view of the subsequent decision of the Supreme Court in Rajkumar v. Union of India, AIR 1975 SC 1116 : 1975 Lab IC 669 .

2. The petitioner Guman Singh filed a writ petition under Article 226 of the Constitution challenging the order Annexure 12 dated October 9. 1975 passed by the State Government by which the petitioner who was working as Assistant District Supply Officer in the Food and Civil Supplies Department ("Supplies Department" herein) was sent back to the post of Stenographer in the Office of the Director. Technical Education, Jodhpur and respondents Nos. 3 to 17 were absorbed as Assistant District Supply Officers in the Rajasthan Food and Civil Supplies Subordinate Servi