(1.) THE petitioners have sought review of the order dated 13.09.2005 passed in Misc. Case No.1020 of 2005 by which the order dated 23.07.2005 passed in OJC No.3235 of 2001 was clarified to the extent that the said order be complied with after considering the age relaxation of the opposite parties in the instant review petition.
(2.) THE brief facts of the case are that the opposite parties in the instant review petition were appointed as Investigators on 13.12.1998 on contract basis initially for one year on the basis of selection pursuant to an advertisement issued in the year 1998 by the National Sample Survey Organisation (Field Operation Division), Department of Statistics, Ministry of Planning Programme Implementation. Thereafter, their term of appointment on contract basis was extended up to the end of December, 2000. They filed O.A. No.634 of 2000 before the Central Administrative Tribunal, Cuttack Bench, for regularization of their services and for payment of equal pay as paid to the regular Investigators on the ground that they were recruited through a selection process comprising of written and viva voce tests. By order dated 2nd March, 2001, the Tribunal dismissed the said O.A., against which the opposite parties in the instant review petition filed OJC No.3235 of 2001 before this Court. The writ petition was disposed of vide order dated 23.07.2005, operative portion of which is quoted hereunder : -
(3.) LEARNED counsel for the review petitioners has placed reliance on a recent judgment of the Honble apex Court in the case of Union Public Service Commission v. Girish Jayanti Lal Vaghela and others, JT 2006 (2) SC 137, in paragraph 17 of which, it has been observed as follows : -