WP(C) 4648/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. B. Ramchiary, learned counsel for the petitioner as we ll as Ms. R. Chokraborty, learned State counsel as Ms. A. Verma, learned Standin g counsel, Finance Department. The petitioner is aggrieved by order dated 01.04.2010 (Annexure-K) by wh ich Additional Deputy Commissioner, Nalbari intimated the Deputy Director, Dairy Development, Nalbari that the case of the petitioner could not be considered b y the DLC as vacancy position did not permit. On the other hand, as per the info rmation received by the petitioner through RTI (Annexure-M) dated 05.06.2010, th e case of the petitioner could not be considered as he had submitted the applica tion after six months. Contrary to the aforesaid stand, the fact of the matter is that the peti tioner had submitted his application for compassionate appointment on 19.10.2008 after expiry of his father on 04.05.2008. The said application was duly acknowl edged and the same also indicates the entry number and date. Apart from the above, as per the information of the petitioner through R TI (Annexure-M) dated 05.06.2010, there were altogether 17 vacancies (7 Grade-II I and 10 Grade-IV). In the counter affidavit filed by the respondent No. 3, it has been stat ed that as per the office memorandum dated 11.10.2006 the petitioner having not submitted his application within six months from the date of expiry of his fathe r, his case could not be considered. On perusal of the said office memorandum, i t is seen that the quota for compassionate appointment is to be filled up within a period of six months from the date of occurrence of the vacancy. Thus the stand of the respondents towards rejection of the case of the p etitioner is not correct. Rather he has been deprived of a fair consideration. In view of the above, the writ petition is allowed by setting aside and quashing of the impugned Annexure-K letter dated 01.04.2010 and the matter is re manded back to the respondents for fair consideration of the case of the petitio ner in terms of the guidelines issued in Achyut Ranjan Das vs. State of Assam an d others reported in 2006 (4) GLT 674 and the judgment dated 02.07.2010 passed in a batch of writ petition lead case being W.P.(C) No. 2620/09 (Faziron Nessa v s. State of Assam and others).