WP(C) 253/2011 BEFORE THE HON’BLE MR.JUSTICE UB SAHA Heard Mr. AM Barbhuiya, learned counsel for the petitioner as well as Mr. MK Mis hra, learned standing counsel for the Education Department. Considering the grievances raised in this writ petition and as agreed to by the learned counsel for the parties, this writ petition is taken up for disp osal at this motion stage. Petitioner’s case in brief is that the father of the petitioner, who had been working as a Head Teacher in No. 793 Bongaon LP School, Hailakandi, died i n harness leaving behind his wife, 3 daughters and 5 sons including the present petitioner. As there was no earning member in the family, except the deceased fa ther of the petitioner, and he being covered by the scheme framed by the governm ent for compassionate appointment filed an application in the prescribed form (A nnexure-3 to the writ petition) on 20.10.2010 before the appropriate authority b ut the authority concerned did not consider his case even though this Court has enunciated the guidelines in its judgment and order passed in Achyut Ranjan Das and Ors. V. State of Assam and Ors., 2006 (4) GLT 674. Hence, this writ petition for compassionate appointment. Mr. Barbhuiya submits that the case of the petitioner is not only covere d by the decision in Achyut Ranjan Das (Supra) but also by a subsequent decision of this Court passed on 20.09.2010 in WP(C) 5217/2010 (Ahmed Hussain Laskar V. The State of Assam and Ors.). Mr. Mishra submits that if the deceased father of the petitioner was wor king in a Provincialised school then the case of the petitioner is covered by th e judgments referred to by the learned counsel for the petitioner as well as the Scheme framed by the government. But if the petitioner’s father was serving dur ing his lifetime in a non Provincialised school then the petitioner is not entit led to get appointment as per the scheme framed by the Government. In view of the above, it is directed that the respondent No. 3, District Level Committee (for compassionate appointment), Hailakandi District shall cons ider the case of the petitioner subject to, the petitioner’s father was working in a Provincialised school, during his life time and after recommendation the pr oposal should be sent to the appropriate authority, i.e. the Commissioner & Secr etary to the Govt. of Assam, Education (Elementary), respondent No. 1 herein, wh o will ultimately pass necessary order(s) in accordance with law, taking note of the earlier decisions of this Court as well as paragraph 40 of Faziron Nessa an d Ors. V. State of Assam and Ors., 2010 (4) GLT 340. The entire exercised, as stated above, shall be completed within a perio d of 3 months from the date of receipt of certified copy of this order. Petitioner is directed to furnish a copy of this order within a period o f 10 days from today. With the aforesaid observations and directions, this writ petition is di sposed of.