(1.) EARLY hearing is allowed. Despite reply being filed, no one appeared on behalf of respondents. Counsel submits that controversy raised herein has been decided by DB decision of this Court at principal seat Jodhpur in Special Appeal (Writ) 208/06 & bunch of others (State of Rajasthan vs. Ramniwas Porwal) on 13/12/07 (Per Hon. Mr. Rajesh Balia, J.) (2008) (2) WLC 406) clarifying the position ad infra:
(2.) A bunch of 62 Special Appeals (Writ) (No. 936/05 State of Rajasthan vs. Shyam Swaroop Upadhayaya, came up for consideration before Division Bench at Jaipur Bench - -that too vide judgment dt. 04/04/08 (per Hon. Mr. R.M. Lodha, J.) were disposed of in the light of judgment in State of Rajasthan vs. Ramniwas Porwal,, 2008 (2) WLC 406 ad infra: