WP(C) 4741/2010 BEFORE HON’BLE MR. JUSTICE T.VAIPHEI Heard Mr. D.K. Saikia, learned counsel for the petitioner and Mr. A,Bork ataki, learned Standing Counsel, Education department. As both the learned counsel appearing for the rival parties have agreed that this is a covered case, the writ petition is being disposed of today itself at the motion stage. The father of the petitioner used to work as Headmaster in Sarat Goswam i Moktab School. His father died-in-harness on 13.6.1999 leaving behind his moth er,his brother and his two sisters. Without delay, he submitted a representation to the respondent-authorities for his appointment on compassionate ground. Thou gh the matter was processed as early as 2002, the respondents did not place his case before the District Level Committee, Nagaon for consideration. This promp ted the petitioner to file this writ petition. This Court in the case of Achyut Ranjan Das and others Vs, the State of Assam and others, reported in 1996(4) GLT 674 has laid down the principles to be followed by the respondent-authorities in the matter relating to compassionate appointment which are reiterated hereunder :-. 7. Having understood the principles governing compassionate appointment as deducible from the pronouncement of the Apex Court and in the light of what has been discussed above, this Court is of the view that it will only be just and ap propriate to lay down the under noted principles on the basis of which, hencefor th, claims relating to compassionate appointment will have to be considered. (i) All pending applications against existing and available vacancie s as the quota earmarked including the cases of the petitioners in the present cases and all others, who may not be before the Court, shall be decided in accor dance with the proposed directions to be laid down in the present order and also in accordance with the principles noted in the preceeding paragraphs of the ord er. This will be done within a period of 4 (four ) months from today. The pres ent direction naturally has to be considered as a one time measure in view of th e subsequent directions as laid down in the succeeding paragraphs (ii). The District Heads of each Department will intimate the vacancies as and when such vacancies occur, to the Court Appointed District Level Committee for its scrutiny. There will be no delay in such intimation. (III) The District Level Committee will be constituted by the Deputy Commissio ner of the District and the Superintendent of Police.The Deputy Commissioner him self will sit in the Committee. The District Head(s) of such departments in whi ch vacancies are available shall be co-opted as the Additional Members of the Co mmittee. (IV) The District Level Committee will meet once every 2 (two ) months on the last Saturday of the second month. (V) The District Level Committee will decide as to who amongst the eligible candidate is entitled to compassionate appointment. To the extent possible such appointments will be recommended to be made within then District. In making the recommendations for appointments, the District Level Committee will take into ac count the financial condition of the family of the deceased and on a relative co nsideration of the cases will make its recommendation. There will be no selectio n and seniority of the claim will not be resorted to unless two or more elig ible candidates are at par. (VI) To decide on the question of financial status of the family of a claiman t regard will be had to the following factors as laid down in G.M. Vs. Kunti Tiw ari ( supra) (a) Gratuity amount received/ receivable. (b) Family pension payable; (C) Provident Fund Account received/ receivable (D) Any ex-gratia payment made or payable; (c) Proceeds of LIC Policy and other investments of the deceased. (d) Income of the family from other source; (e) Employment of other family members; (h) Size of the family and liabilities, if any. 7. The Recommendation of the District Level Committee will be considered by a S tate Level Committee consisting of the chief Secretary and the Senior Financial Commissioner of the State. The Commissioner & Secretary of the Department(s) in which vacancies are available will be co-opted as Additional Members of the Stat e Level Committee. 8. The State Level Committee will meet once in every 3 (three) ) months. 9. All vacancies available against the quota of compassionate appointment m ust be filled up within a period of 6( six) months from the date of occurrence o f the vacancy in accordance with the present directions. 10. If the applications of eligible candidates remain pending and cannot be considered due to want of vacancies for a period of 2 (two) years from the date of making such applications, all such applications will require no further cons ideration and must be understood to have spent their force This writ petition stands disposed of by directing the respondent-author ities to consider the case of the petitioner for compassionate appointment in ac cordance with the aforesaid principles laid down by this Court. The entire exercise shall be carried out within 2 months from the date of receip t of this order. No cost.