The court emphasized that the power of review is limited to correcting errors apparent on the record and cannot be used to revisit settled issues or arguments.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. The instant review petition has been filed on behalf of petitioner, who was appellant in LPA No. 461 of 2024, seeking review of order dated 10.09.2024 whereby and whereunder Letters Patent Appeal preferred by the petitioner/appellant has been dismissed.

Factual Matrix:

2. Before proceeding to examine the availability of ground seeking review, the facts of the case, as per the pleading made in the writ petition, needs to refer herein, which reads as under:

3. The father of the writ petitioner, while working on the post of clerk in the office of District Superintendent of Education, Ranchi, died in harness on 23.11.1996. Thereafter, the District Compassionate Committee in its meeting held on 08.08.1998 recommended for appointment of the writ petitioner on compassionate ground on the post of clerk. In pursuant thereto, respondent-authority vide memo no.1122(ii) dated 02.09.1998 directed to issue appointment letter to the appellant-writ petitioner but the said appointment letter was not issued, as such, the appellant-writ petitioner made representation dated 15.01.1999 before the Commissioner, South Chhotanagpur Division, Ranchi.

Thereafter, vide letter no.117(ii) dated 16.01.1999, respondent-authority again directed the respondent no.5- RDDE, Ranchi to take expeditious action in the matter of appointment of the writ petitioner on compassionate ground but no action was taken and thereafter several representations were submitted but the respondent- authority sat tight over the matter and no action was taken.

4. Aggrieved thereof, the writ petitioner approached to this Court by filing writ petition being C.W.J.C. No. 2350 of 2000 (R) which was disposed of vide order dated 05.07.2001 directing the respondent-RRDE to issue letter of appointment to the appellant-writ petitioner on the basis of the decision taken by the District Establishment Committee. In pursuance thereof, appointment letter was issued to the appellant-writ petitioner vide office order contained in memo no.1753 dated 17.08.2001, accordingly, the writ petitioner joined the post on 01.10.2001 and retired from service on 31.12.2021 on attaining the age of superannuation.

5. It is the grievance of the writ petitioner that the retiral dues to which he was actually entitled has not been paid as because if the appointment letter would have been issued immediately after the recommendation of the District Establishment Committee then the pensionary benefits would have been enhanced but the same has not been done and being aggrieved thereof, the writ petitioner filed representations on 25.07.2022; 08.08.2022 and 25.08.2022 but it did not evoke any response, as such the writ petitioner again approached to this Court by filing writ petition being W.P.(S) No. 5491 of 2023 in which the learned Single Judge has declined to pass any positive direction against which the intra-court appeal was preferred.

6. In the Letters Patent Appeal, for adjudication of the lis four issues were formulated. For ready reference, the same is quoted as under:

I.Whether while seeking the relief of shifting the date of appointment from 17.08.2001 to 08.08.1998, can it be said to be re-occurring cause of action for the purpose of getting enhanced pensionary benefits?

II.Whether the appellant-writ petitioner being conscious with the issue after acceptance of the appointment letter, is it now available for the appellant-writ petitioner to raise the grievance after lapse of 20 years?

III.Whether merely by making recommendation by the District Compassionate Committee, can it be said to be creating a right for the purpose of consideration of shifting of date of appointment from 17.08.2001 to08.08.1998?

IV.Whether the appointment letter which has been issued in pursuance of the direction passed by this Court in C.W.J.C. No.2350 of 2000 (R) wherein no direction has been passed for grant of appointment letter from the date of the decision so taken by the District Compassionate Commi