Bishundeo Ram vs State of Jharkhand and Others

R.K. Merathia, J.—The civil review application has been filed for reviewing the order dated 7.9.2009 passed by this Court in A.C. (S.B.) No. 1 of 2009.

Mr. Bhanu Kumar, learned Counsel appearing for the Petitioner referring to Section 8 of the Jharkhand Education Tribunal Act submitted that the claim of compensation made on behalf of the Petitioner being the father of the deceased teacher is covered under the said section and that Petitioner has got no other remedy. Even the remedy of civil suit is not available to the Petitioner in view of the Memorandum and Articles of Association under which the school is guided.

On the other hand, Mr. Bakshi, learned Counsel appearing for the opposite party Nos. 2 to 5 submitted that this Civil Review is wholly frivolous and pointed out that Petitioner lost its claim upto National Consumer Commission and also before Jharkhand Education Tribunal twice and he has also lodged a criminal case.

On this Mr. Bhanu Kumar submitted that before all other forums, the merits were not considered and the cases were rejected on the point of maintainability. He reiterated that such claim is maintainable before Jharkhand Education Tribunal.

Mr. Bhanu Kumar could not show anything including any service condition or any provision on the basis of which the Petitioner can claim compensation against death of his son who died during the employment as Game Teacher in the school-opposite party.

In my opinion, no grounds are made out for review of the order in question. This review application is wholly misconceived and frivolous.

It appears that Petitioner has got this case filed through Legal Aid of the High Court Legal Services Authority Committee.

In my opinion, before providing legal aid, the Committee should see whether a prima facie case is made out or not for filing a case in the High Court.

With these observations and directions, this civil review is dismissed. In the circumstances, I am not imposing cost on the Petitioner.