IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3275 of 2008 Md. Quamrul Hoda, S/O late M. Abu Sayeed, House No.32, Sri Krishna Nagar, P.S. Budha Colony, Town and District- Patna. .... Petitioner. Versus 1. The State of Bihar, through the Chief Secretary, Bihar, Patna. 2. The Secretary, Dept. of Personnel and Administrative Reforms, Govt. of Bihar, Main Secretariat, Patna. 2A. The Joint Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna. 3. The Deputy Secretary, Dept. of Personnel and Administrative Reforms, Govt. of Bihar, Main Secretariat, Patna. 4. The Accountant General (A+E), Bihar, Birchand Patel Marg, Patna. 5. The Registrar General, Hon’ble Patna High Court, Patna. ..... Opposite Parties. ----------- 03. 4.5.2009 Heard Mr. Anil Kumar Sinha for the petitioner, and learned counsel for the opposite parties. This application has been filed for recall of the order dated 26.11.2008, passed in C.W.J.C. No.12155 of 2006, whereby the writ petition was dismissed for default. The explanation offered by learned counsel for the petitioner for his absence when the writ petition was called out does not at all impress us. Such cases of negligence on the part of the counsel resulting in dismissal of the main matter are increasing in numbers and we are finding it difficult to cope up with the same. We express our strong sense of displeasure in this connection. 2. However, keeping in view the position that the petitioner is a superannuated employee, having superannuated way back in 1990, claims post-retirement benefits under the judgment of the Supreme Court accepting the recommendations of the Setty Commission, and as a matter of extra-ordinary indulgence, we allow this application. Consequently the said order dated 26.11.2008, is hereby recalled and the writ petition is restored to its original file, subject to deposit of costs of Rs.1,000/- (One thousand) to be deposited with the High Court Legal Services Committee, Patna, within a period of one week, failing which this application shall stand rejected without further reference to the Bench. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/