WP(C) 2295/2009 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Although time was granted to the petitioner to file rejoinder affidavit, no such affidavit has been filed in response to counter the averments made in the affid avit in opposition, filed on 28.8.2009. 2. The petitioner seeks compassionate appointment following the death of hi s father 4.11.2004, who served as a Sweeper in the Government Ayurvedic College, Guwahati. 3. In the counter affidavit it is reflected that the wife of deceased (late Munia Basfor) is now serving in the Assam State Electricity Board. One of the s ons of the deceased is serving in the Maligaon Central School. Another son and a daughter-in-law of the deceased are also working as a worker and a Sweeper resp ectively in the Government Ayurvedic College. 4. The above averments showing that 4 family members of the deceased are ga infully engaged in different posts is not denied by the petitioner. 5. Under the Office Memorandum dated 9.9.1983, compassionate appointment be nefits can be considered only for families who have no earning member. In a case where there are four earning members in the family, it cannot be said that such family is in distress deserving of compassionate appointment. 6. That apart the deceased expired on 4.11.2004 and the family of the decea sed has survived all these years without benefit of any compassionate appointmen t. 7. Considering all the above, I am of the view that no direction can be giv en to consider the petitioner for compassionate appointment as he does not belon g to the deserving category of people. Accordingly the writ petition is dismisse d.