IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11970 of 2009 KRISHNA PRASAD, son of late Ram Chandra Prasad, resident of village-Tehta, P.O.- Tehta, P.S.-Makhdumpur, District-Jehanabad. …………Petitioner. Versus 1. The State of Bihar through the Commissioner-cum-Secretary (Bihar) Department of Health, Patna. 2. The Commissioner (Magadh Zone), Department of Health, Gaya. 3. The Director-in-Chief, Health Department, Bihar Patna. 4. The Regional Deputy Director (Magadh Zone) Health Service, Gaya. 5. The District Magistrate, Jehanabad. 6. The Civil-Surgeon-cum-Chief Medical Officer, Jehanabad. ………Respondents. ----------- For the petitioner : Mr. Sushil Kumar, Adv. For the State : Mr. Sunil Kumar Mandal, S.C. 2. 19.11.2009 Heard counsel for the petitioner and the State. Petitioner had earlier approached this Court for similar relief by filing C.W.J.C. No. 7126 of 2008 (Krishna Prasad Vs. The State of Bihar). Earlier also the petitioners’ prayer was for quashing the enquiry report, submitted by the Five Men Committee whereby the appointment of the petitioner has been put in the illegal category. The new prayer which has been made in the present writ application is relating to the consequential order issued by the Civil Surgeon-cum-Chief Medical Officer, Jehanabd, contained in Memo No. 1202/Jehanabd dated 17.06.2009 whereby petitioner has been informed that five men committee has found his services in the category of illegal appointment. The earlier writ application filed by the petitioner was disposed of, with this finding that the direction of this Court in C.W.J.C. No. 5631/2008 is applicable in the case of 2 petitioners. Direction of the Hon’ble Judge in C.W.J.C. No. 5631/08 and analogous cases was to the petitioner to approach the Principal Secretary, Health Department by filing representation. The Principal Secretary Health Department was directed to reconsider the cases of the petitioners and all relevant documents connected with their appointment and to find out whether they are entitled to be put in the category of irregular appointees than any other category i.e. illegal or forged. Petitioner, after disposal of C.W.J.C. No. 7126/08, did not approach the Principal Secretary, as per the direction of the Court. He has again come before this Court for similar relief, which is not maintainable. The petitioner should approach the Principal Secretary, Department of Health, as per the direction of this Court in C.W.J.C. No. 7126 of 2008. The Principal Secretary should consider the case of the petitioner, without any further delay, preferably within eight weeks from the date of filing representation by the petitioner along with all relevant documents. The case of the petitioner should be considered in the light of observation made by this Court in C.W.J.C. No. 5631 of 2008 and a reasoned order be passed. Sanjeet/ (Mridula Mishra, J.)