WP(C) 2887/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. F.U. Borbhuya, learned counsel for the petitioner as well as M r. B.J. Ghosh, learned State counsel appearing for the respondents. The grievance of the petitioner in the present petition is relating to n on-consideration of his case for appointment on compassionate ground. According to the petitioner after the death of his father in harness, who was working as A rm Branch Inspector under 15th A.P. (IR) Bn with headquarter at Karimganj on 05. 04.2006, though he filed an application for appointment on compassionate ground in terms of the scheme formulated by the Govt. of Assam in that respect, his cas e has not been considered till date. It has also been contended by the writ peti tioner in the petition that the District Level Committee constituted for that pu rpose in its proceeding dated 09.07.2009 though recommended his case for conside ration by the State Level Committee for appointment on compassionate ground, no consideration has been made by the State Level Committee till date. The respondent Nos.2 to 4 in the affidavit-in-opposition filed has admit ted the petitioner’s assertion that his case for appointment on compassionate gr ound has been recommended by the District Level Committee in the proceeding date d 09.07.2009 and such recommendation was sent to the State Level Committee for c onsideration for such appointment. The said affidavit, however, does not disclos e as to what happened before the State Level Committee. The learned counsel for the petitioner in view of the above, has submitt ed that the present writ petition be disposed of with a direction to the State L evel Committee to consider the case of the petitioner for appointment on compass ionate ground and to pass necessary order, so that the petitioner is given the b enefit of the scheme prepared by the Govt. of Assam in that regard. Mr. Ghosh, learned State counsel has submitted that if the case of the p etitioner has not been considered by the State Level Committee pursuant to the r ecommendation made by the District Level Committee on 09.07.2009, the same shall definitely be considered by the State Level Committee and necessary order shall be passed thereafter. It is evident from the minutes of the meeting of the District Level Comm ittee of Karimganj district constituted for that purpose for consideration of th e case for appointment on compassionate ground, held on 09.07.2009 that the name of the petitioner Sri Lakhyadhar Phukan has been recommended for appointment on compassionate ground as Constable GD (Gr.-III) against the vacancy occurred in the year 2006, along with the name of another person against the vacancy occurre d in the year 2008. The affidavit filed by the respondent Nos.2 to 4 does not re flect anything relating to the consideration of such recommendation by the State Level Committee constituted for that purpose. The Govt. of Assam having formulated the scheme for appointment on compa ssionate ground and the District Level Committee having recommended the name of the petitioner for appointment on compassionate ground, the State Level Committe e is duty bound to consider such recommendation and to take appropriate decision in the matter, which according to the petitioner has not been taken so far. That being the position, the present writ petition is disposed of with a direction to the Chief Secretary to the Govt. of Assam, the respondent No.7, to place the matter relating to the appointment of the petitioner on compassionate ground before the State Level Committee in its next meeting and to take a decis ion on the recommendation of the District Level Committee taken in its proceedin g dated 09.07.2009, if such consideration has not already been made. In case, su ch consideration has already been made and the necessary order has already been passed, the same shall be communicated to the petitioner within 15 days from the date of receipt of the certified copy of the order passed today to be produced by the petitioner before the Chief Secretary. In the event, the case of the peti tioner is to be considered by the State Level Committee, the result of such cons ideration shall also be intimated to the petitioner. The writ petition is accordingly disposed of. No cost.