ANIL KUMAR RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(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.) 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.