Gyan Chandra Vishwakarma v. The Patna Municipal Corporation And ORS

Patna High Court MJC No.3066 of 2015 (3) dt.15-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3066 of 2015 In C. REV. 178 of 2014 ====================================================== Gyan Chandra Vishwakarma S/o Late Suraj Mistry resident of Mohalla - Belwarganj, Bharatpura Kothi, P.S. Alamganj, District - Patna .... .... Petitioner/s

Versus

1. The Municipal Corporation through its Municipal Commissioner,Maurya Complex, Budh Marg, Patna - 800 001

2. The Additional Municipal Commissioner, Establishment, Patna Municipal Corporation, Patna - 1

3. The Deputy Chief Executive Officer, Patna Municipal Corporation, Patna

4. The Executive officer, Patna City Circle, Patna Municipal Corporation, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vishal Saurabh For the Respondent/s : Mr. Prasoon Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 15-03-2016 M.J.C. No. 3066 of 2015 This application is for restoration of civil review application, which stood dismissed in default on 12th May, 2015.

2. For the reasons mentioned in the application, the order dated 12th May, 2015 is recalled and the civil review application is restored to its original number.

Civil Review No.178 of 2014 By the present review application, the petitioner has sought to review the order passed on 24th February, 2014 in L.P.A.

Patna High Court MJC No.3066 of 2015 (3) dt.15-03-2016 No.894/2013, whereby an appeal filed by the appellant against the order of the learned single Judge refusing to direct the consideration of appointment of the petitioner on compassionate ground has been dismissed.

2. As per facts on record, the father of the petitioner died on 24th May, 1999. The first application submitted on 14th August, 2004 was beyond five years from the date of death of the father of the appellant. The claim of the petitioner was that he applied for his appointment on compassionate ground on 28.12.2003, but it has been found that such request cannot be treated to be an application for appointment on compassionate ground since the petitioner has not applied for appointment on compassionate ground on the prescribed forms.

3. We do not find any error in the order dated 24.02.2014 passed, in L.P.A. No.894 of 2013, by a Division Bench of this Court.

4. The civil review application is, accordingly, dismissed. (Hemant Gupta, J) (Ramesh Kumar Datta, J) V.P.Sinha/- U