D.B. Civil Special Appeal (Writ) No.30/09 Date:10/02/2009 HON'BLE Mr. JUSTICE ASHOK PARIHAR HON'BLE Mr. JUSTICE G.S. SARRAF Mr. V.K. Jain, for appellant. BY THE COURT: Since after due consideration proper discretion has already been used by the learned Single Judge in passing the impugned order dated 8.12.2008, even otherwise, in view of judgment of this court in the case of Sher Singh Meena & Ors. Vs. Chief Engineer, PWD & Ors. (2004(4) WLC (Raj.) 288), the special appeal is not maintainable. The same is dismissed accordingly as having no merits. (G.S. Sarraf) J. (Ashok Parihar) J.