IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.96 of 2006 VIJAY NATH TIWARI Versus BIHAR STATE ELECTRICITY BOARD & ORS ----------- 07/ 26.02.2010 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board and its authorities. 2. This petition has been filed for review of order dated 01.03.2005 passed by the Hon’ble Single Judge of this court by which CWJC No. 11818 of 2004 filed by the petitioner for his compassionate appointment in place of his adoptive father was dismissed. 3. The aforesaid writ case was filed by the petitioner claiming that he was an adopted son of Indradeo Tiwari a deceased employee of the Board and hence he sought compassionate appointment which was rejected by the authorities concerned. The writ petition was dismissed by the said order passed by the Hon’ble Single Judge relying upon a decision of the Hon’ble Apex Court in the case of Chairman ,Bihar Rajya Vidyut Board vs Chhathu Ram & others reported in (1999) 5 Supreme Court Cases 673 in which similar claim was rejected and one of the grounds for rejection was that by a Standing Order dated 21.04.1993 the Board had withdrawn the benefits, if any, under the scheme for appointment on compassionate ground in the case of an adopted son. The aforesaid settled principle of law was also followed by a Division Bench of this court in the case of Deepak Kumar Tiwari vs The Bihar State Electricity Board & others reported in 2004(2) PLJR 19. 4. Learned counsel for the petitioner relies upon a Division - 2 - Bench decision of this court in the case of Kamal Ranjan vs The State of Bihar & others reported in (1994) 2 PLJR 536 (paragraph 5) as well as a decision of an Hon’ble Single Judge of this court in the case of Smt Manju Devi & another vs The State of Bihar & others reported in (2005) 2 PLJR 127. 5. Since after about five years of the decision of this court in the case of Kamal Ranjan (Supra) the Hon’ble Supreme Court in the case of Chairman, Bihar Rajya Vidyut Board (supra) has laid down specific principle for such matter there was no occasion for relying upon the said decision in case of Kamal Ranjan (supra) and the Hon’ble Apex Court was also not bound to consider the said decision of this Court. Furthermore, the decision in case of Chairman, Bihar Rajya Vidyut Board (supra) was also followed by a recent Division Bench of this court in the case of Deepak Kumar Tiwari (supra) and hence the Hon’ble Single Judge has rightly followed the said recent decision of Division Bench of this court in the case of Kamal Ranjan (supra) which was based on the well considered judgment of the Hon’ble Apex Court in the case of Chairman,Bihar Rajya Vidyut Board (supra). 6. In the aforesaid circumstances, this Court does not find any error apparent on the face of the record nor does it find any fresh material to take a different view. Accordingly, this review petition is dismissed. shahid (S.N.Hussain, J)