(1.) COUNSEL submits that this controversy has been examined by this Court while vires of sub -rule (2) of Rule 10 of Rajasthan Agricultural Produce Marketing Committee Service (Pension) Rules, 1995 were challenged in Om Prakash Bansal v. State (CWP -2072/2001 decided vide judgment dt.12/05/2004 : 2004(3) WLC 512) - against which special appeal preferred has also been dismissed while affirming the judgment (supra) in Special Appeal -496/2004 vide judgment dt.27/09/05).
(2.) IN Om Prakash Bansal v. State (supra) this Court observed ad infra:
(3.) COUNSEL for respondents has also not disputed about the controversy being decided by this Court; however, submits that SLP against DB judgment (supra) is pending but there is no stay order passed by the Apex Court.