R.R. Prasad, J. - (1.) BY filing this review application the order dated 14.7.2011 under which the prayer for directing the B.C.C.L. for putting the petitioner no. 2, Binod Bhuinya on Live Roster was rejected has been sought to be reviewed. It be stated that writ petition was filed wherein two prayers were made by the petitioners. One was related to appointment of petitioner no. 2 on compassionate ground as father of the petitioner no. 2 had died in harness. The other prayer related to death -cum -retiral benefit.
(2.) SO far the prayer relating to appointment of petitioner no. 2 on compassionate ground was concerned, that was not found to be tenable by this Court. In spite of that when the matter was taken up subsequently with respect to grant of second relief, an interlocutory application bearing no. 1391 of 2009 was filed wherein prayer was made to allow the petitioner to amend the pleading as well as prayer portion of the writ application to the effect that the name of the petitioner no. 2 be directed to be kept on Live Roster till he attains majority. That interlocutory application was also rejected for the reason that allowing such prayer would amount review of the order by which claim of the petitioner no. 2 for appointment on compassionate ground was not found to be tenable. Against that order, the petitioner preferred an intra court appeal, vide L.P.A. No. 343 of 2011 which was disposed of vide order dated 7.12.2011 directing the petitioner to agitate the issue before this Court.
(3.) MR . Sinha, learned counsel appearing for the petitioner submits that in view of the decision rendered in a case of Mohan Mahto vs. C.C.L. and others [ : (2007) 8 SCC 549], the Court should have directed the B.C.C.L. to keep the name of petitioner no. 2 on Live Roster.;