Patna High Court
Ramu ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The earlier dismissal order had attained finality, leaving no ground for a fresh writ; the petition is dismissed.
Summary
Petitioner Ramu Manjhi filed a writ petition seeking a mandamus directing the State of Bihar to reconsider his application for a compassionate appointment as Chaukidar after his father's death. He had previously filed a similar petition (CWJC No.21093 of 2012) which was dismissed on 7 February 2014, and no appeal was filed against that order. The Court observed that the earlier order had attained finality and therefore the petitioner had no jurisdictional ground to raise a fresh writ. As the petitioner did not appear, the Court did not impose costs. Consequently, the writ application was dismissed.
Issues considered
- Whether a fresh writ of mandamus can be filed to seek reconsideration of an application when the earlier writ petition has been dismissed and the order has attained finality.
Subjects
- writ of mandamus
- compassionate appointment
- finality of order
- administrative law
- public service appointment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.550 of 2026
======================================================
Ramu Manjhi, S/O Late Mohan Manjhi, Resident of Village- Adupur, P.S.
Garkha, District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department,
Government of Bihar, Patna.
2. The District Magistrate, Saran at Chapra.
3. The Sub-Divisional Officer, Saran at Chapra.
4. The Circle Officer, Garkha, Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Government Pleader-17
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 19-02-2026 No one appears on behalf of the petitioner. Learned
counsel for the respondents is present.
2. The petitioner has filed the instant application for
the following reliefs :-
“(I) That this is an application for
issuance of writ in the nature of mandamus to
direct the respondent concerned to reconsider
the application filed by the petitioner before the
District Magistrate, Saran at Chapra on 25-08-
2025 whereby and whereunder father of the
petitioner was posted on the post of Chaukidar
in District, Saran at Chapta but during the
period of his service died on 15-01-2009 and
petitioner applied for the post of Chaukidar in
place of his father on basis of compassionate
Patna High Court CWJC No.550 of 2026(2) dt.19-02-2026
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ground but authority concerned reject the
petition of the petitioner rather the petitioner his
no sources of income and suffering from many
economically problem with his family which is
illegal, improper and against the eye of law.
A photo copy of application dt.
25-08-2025 is annexed here with
and marked as annexure-1 to
this petition.
II. That the issuance of any other
relief or reliefs for which the Petitioner is
entitled with the facts and circumstances of the
case.”
3. It is submitted by learned counsel for the
respondents in reference to the statement made in paragraph
no.9 of the writ application and the order annexed as Annexure-
P/5 that the earlier application filed by the petitioner for similar
reliefs was dismissed by order dated 7.2.2014 passed in CWJC
no.21093 of 2012. Further from the contents of the writ petition
it does not appear that any appeal was preferred against the said
order and as such, the same attained finality. It is thus submitted
that the writ application be dismissed.
4. Having heard learned counsel for the respondents
and having perused the contents of the petition, it transpires that
the father of the petitioner who was a Chaukidar in district
Saran at Chapra died on 15.1.2009. Not having got the
Patna High Court CWJC No.550 of 2026(2) dt.19-02-2026
3/3
appointment on compassionate ground, the earlier writ
application filed by the petitioner being CWJC no.21093 of
2012 was dismissed vide order dated 7.2.2014 (Annexure-P/5).
The said order having attained finality, in the opinion of the
Court, the petitioner has no ground for moving this Court once
again in a fresh writ application.
5. Learned counsel for the petitioner not having
appeared, it is only for this reason that the Court is not imposing
heavy costs.
6. The writ application is dismissed.
(Partha Sarthy, J)
avinash/-
U
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