IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3412 of 2008 Anand Rai S/O Late Dwarika Rai, resident of Village- Jitwarpur, Nizamat, P.O. Jitwarpur near Samastipur College, P.S. and Dist.- Samastipur ---------- Petitioner. Versus 1. Union of India represented through the General Manger, East Central, Railway at and P.O. Hajipur, Dist. Vaishali. 2. Railway Board (Ministry of Railways), Rail Bhawan, New Delhi. 3. The Assistant Personnel Officer (Admn.), East Central Railway, Divisional Railway Manager Office Building, P.O. and Dist. Samastipur ----------- Opposite parties. ------------- 3. 24.3.2009 Heard Mr. Rakesh Kumar for the petitioner. This application has been filed by the petitioner of Civil Review No. 92 of 2008 (Anand Rai Vrs. Union of India & Ors.), for recall of the order dated 3.9.2008, whereby the review application was dismissed for default and want of prosecution. Learned counsel for the petitioner presses I.A. No. 1474 of 2009, filed under section 5 of the Limitation Act, for condonation of delay in preferring the present restoration application. The civil review application, in its turn, has arisen out of the order dated 10.9.2007, whereby the writ petition bearing C.W.J.C. No. 7660 of 2007 (Anand Rai Vs. Union of India and others), preferred by the present petitioner, was rejected. It appears to us on a perusal of the order dated 10.9.2007, that the writ petitioner was initially appointed on 21.10.1955, and was later on dismissed from service, and was reappointed by order dated 20/23.1.1978. Therefore, all the consequential post-retirement benefits would from the date of joining after 20/23.1.1978, and can not be traced back to his previous appointment. We respectfully agree with the order of the Division Bench dismissing the writ petition. No useful 2 purpose will be served by condoning the delay in preferring this restoration application. The nature of challenge to the order on the writ petition can not be entertained within the narrow confines of review application. The condonation application is rejected. Consequently, the review application also stands rejected. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal,J.)