IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6827 of 2006 MANOJ KUMAR, son of late Hira Prasad Arya, resident of village Basar Bigha, Sohsarai, P.S. Sohsarai, Dist. Nalanda------petitioner Versus 1.THE STATE OF BIHAR through the Director(Chief) Medical Services, Bihar, Patna 2.The Additional Director, Medical Services, Bihar, Patna 3.The District Magistrate, Nalanda 4.The Civil Surgeon-cum-Chief Medical Officer, Nalanda, Dist. Nalanda 5.The In-Charge Medical Officer, Primary Health Centre, Noorsarai, Nalanda 6.The Additional Collector, Nalanda--respondents ----------- For the petitioner:Mr.Rabindra Pd.Singh For the State :Mrs.Binita Kumar,A.C. to AAG III ----- 2. 28.2.2009 Heard learned counsels for the parties. The petitioner seeks quashing of the Memo No. 387 dated 19.5.2001 (Annexure-8) by which the District Compassionate Committee, Nalanda, has rejected the application of the petitioner for compassionate appointment. It is evident from the materials on record that the petitioner had earlier come to this Court against the same order by filing C.W.J.C.No. 16269 of 2001, which has been dismissed by this Court by order dated 7.3.2002. The petitioner claims to have filed the present writ application in view of a Division Bench judgement of this Court in the 2 case of Jyoti Kumari vs. The State of Bihar & ors.: 2005(4) PLJR 507. Once the writ application filed by the petitioner had been considered and rejected by this Court and the order has acquired finality there can be no occasion for filing a second writ application and the same is not maintainable. In any view of the matter, the decision of the Division Bench of this Court in Jyoti Kumari’s case does not at all support the case of the petitioner since in that case on the death of the mother in harness the petitioner of that case was held eligible for consideration for compassionate appointment since his father much before death of his mother had already superannuated from service and, thus, Clause 1(Anga) of the Circular dated 5.10.1991 of the Personnel and Administrative Reforms Department was held to be not applicable to the facts of that case. In the present matter the said clause of that Circular applies with full force since the petitioner’s father was in service on the date of death of his mother and, thus, no benefit 3 can be derived by the petitioner from the aforesaid decision. The writ application is clearly misconceived and is dismissed. (Ramesh Kumar Datta,J.) spal/