The court emphasized the limited scope of review jurisdiction under Article-226 of the Constitution of India and the principle that review proceedings should not be used as a ploy to reopen and re-hear the matter.

ABHILASHA KUMARI, J.

This Misc. Civil Application has been preferred by the applicant, with the following prayers:

“A. Your Lordships may be pleased to admit and allow this application.

B. Your Lordships may be pleased to pass appropriate order for review/clarification/ recall of the order dated 23.04.2015 passed in Special Civil Application No. 324 of 2015, to the effect that the application of applicant for compassionate appointment be decided as per the applicable Scheme as per settled law;

C. Your Lordships may be pleased to grant such other and further reliefs as may be deemed fit and proper by this Hon'ble Court in the interest of justice;”

2. The brief background in which the application has been filed is that, the applicant had earlier filed Special Civil Application No. 324/2015, inter-alia, with a prayer to quash and set aside the communications dated 18.05.2012 and 23.05.2012, issued by the respondents and to direct them to consider the application of the applicant for the grant of appointment on compassionate grounds. Further, directions had been sought to give the applicant ex-gratia payment.

3. The above-mentioned petition was disposed of by an order dated 23.04.2015, passed by this Court, without entering into the merits of the petition. The Court found that the impugned order did not contain any reasons, therefore, it was quashed and set aside and the following directions were issued:

“11. The order dated 23.05.2012 passed by respondent No. 3 is, accordingly, quashed and set aside. The respondents are directed to consider the case of the petitioner for the grant of lumpsum financial aid under the Government Resolution dated 05.07.2011, afresh, by passing a reasoned order, in accordance with law. This exercise shall be completed within a period of eight weeks from the date of the receipt of a copy of this order.

11. The petition is disposed of, in the above terms, without entering into the merits of the case.

12. Direct service of this order is permitted.”

4. It appears that pursuant to the above order, the respondents rejected the application of the applicant for the grant of lump-sum compensation in accordance with the policy of the State Government dated 05.07.2011 Aggrieved by the rejection, the applicant preferred another petition, being Special Civil Application No. 14338/2015, which came to be rejected by an order dated 06.04.2016, passed by this Court (Coram: J.B Pardiwala, J.). The applicant filed a Letters Patent Appeal against the above-mentioned order dated 06.04.2016, being Letters Patent Appeal No. 378/2016 in Special Civil Application No. 14338/2015. Before the Division Bench, learned counsel for the applicant/appellant submitted that he has filed a Review Petition, seeking review of the order passed by “the learned Single Judge”. He, therefore, sought permission to withdraw the appeal, which was granted by an order dated 26.07.2016 and the appeal was dismissed, as withdrawn. The Division Bench, however, indicated that after the adjudication of the Review Petition, liberty is granted to the applicant to approach this Court in case of difficulty. Under the circumstances, the present application for the review/clarification/recall of the order dated 23.04.2015, passed in Special Civil Application No. 324/2015 has been preferred before this Court.

5. Mr. Jigar D. Dave, learned advocate for the applicant has submitted that the order dated 23.04.2015, passed by this Court in Special Civil Application No. 324/2015, especially the directions contained in paragraph-11 thereof, are coming in the way of the applicant. As per this order, the respondents have been directed to consider the application of the applicant/petitioner for the grant of a lump-sum amount. Pursuant to the said order, the respondents have rejected the application of the applicant, which order has been upheld by this Court by the order dated 06.04.2016, passed in Special Civil Application No. 14338/2015. In Special Civil Application No. 3