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Judgment
S.R. Brahmbhatt, J.—Rule. Mr. Acharya, learned advocate waives service of notice of Rule on behalf of respondents. By consent, Rule is fixed forthwith.
As both the counsels have submitted that the order dated 12.12.2008 passed in Special Civil Application No. 14524 of 2008 and 14523 of 2008 is not required to be changed but a clarification is required to be made so as to avoid any likely misinterpretation on the part of the parties.
Shri Chhaya, learned advocate appearing for the applicant submitted that the order in question sought to be reviewed did not contain any direction for appointing the petitioners and it was excepted that the Corporation would act in accordance with law. Shri Chhaya invited this Court''s attention to the order dated 7.1.2008, more particularly para-2 on page-27 and submitted that anxiety of the original petitioners - respondents hereinabove is taken care of by the authorities as it is clearly mentioned therein that as and when the new recruitment is required to be made, such relieved applicants be given preference.
In view of this, Shri Acharya submitted that clarification may be made.
Accordingly it is clarified that the Corporation is not under obligation to make recruitment of Non-technical Daily wage Supervisor but in case Corporation is in need of making recruitment on this post/vacancy, then, it shall abide by the principle of law enunciated u/s 25(H) of the I.D. Act and the order dated 7.1.2008. The application is disposed of accordingly. Rule is made absolute to the aforesaid extent. No costs.
Registry is directed to keep the copy of this order in Misc. Civil Application No. 3168 of 2009.