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Patna High Court · body

2005 DIGILAW 794 (PAT)

Manish Kumar v. State Of Bihar

2005-09-02

J.N.BHATT, SHASHANK KR.SINGH

body2005
Judgment 1. After having heard learned counsel appearing for the parties, considering the factual matrix and perusing the impugned judgment of learned Single Judge in our view, the underlined design of appointment on compassionate ground being ordinarily a process matter, cannot be permitted to frustrate the substantive right of the parties. 2. It is pointed out from the impugned order that the application for appointment on compassionate ground was not made in a prescribed format. It is true that once the format is prescribed, application ordinarily has to be made in a prescribed format. However, in a given fact situation like one in hand, the interpretation that the application for appointment on compassionate ground not in format will not satisfy the requirement of rule for making of an application is not correct. Ultimately the anxiety of the court of law has always to see that the substantial justice is rendered and also to see that process of justice does not become an impediment in rendering substantial justice. 3. Whether the application otherwise is within the parameter of the scheme of the Government or whether the application has become entitled to be considered for appointment on compassionate ground has to be considered on merits of the application and in the light of relevant scheme of the Government in this behalf by the authority competent concerned but such an authority cannot be rendered handicapped from entertaining merits of the application merely on the basis or premise that the application is not in prescribed format as per the rule or the person claiming such benefit of scheme cannot be made hapless or he cannot be deprived of his right to be considered for appointment on compassionate basis merely on the ground that prescribed format for application is not tendered. The ultimate design of such an applicant is to move the authority concerned with sufficient material and particulars for exercise of powers under the relevant scheme for appointment on compassionate basis. The ultimate design of such an applicant is to move the authority concerned with sufficient material and particulars for exercise of powers under the relevant scheme for appointment on compassionate basis. In the case in hand, the application came to be discarded merely because it is not in prescribed format, within a period of limitation, otherwise whetever nomenclature is attached to the application/letter or otherwise was admittedly tendered by the original petitioner- appellant within a period of limitation and was thus not to deprive the party from a right to be considered for the purpose of appointment on compassionate basis on such a patent and technical approach. The authority cannot be permitted to reject such an application and party cannot be prevented from his claim being considered on merit. We are not going into other aspects like whether the format is in any way provided to be mandatory or not or whether the applicant who claims to be appointed on compassionate basis on account of death of his family during the employment has requisite qualification and entitlement for being appointed on compassionate basis. It is for the authority competent concerned to decide in terms of facts of the application as well as the scheme of the Government in this context. 4. We therefore, find that the action in not entertaining such an application by the authority and the unsuccessful challenge against the decision of the authority in the writ petition is required to be set aside with a direction to the authority to consider the application of original petitioner before us on its merit in accordance with the relevant provisions or scheme. The authority concerned shall decide the application on merit within a period of three months from the date of receipt of a copy of the order. 5. With these observations, the Government action and the impugned judgment shall stand quashed and set aside and the writ petition shall stand partly allowed accordingly without any order as to cost.