WP(C) 3301/2009 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr MU Mahmud, learned counsel appearing for the petitioner. Also heard Mr MK Misra, learned Standing Counsel, Education Department appearing for the respo ndents. The instant writ petition has been filed by the petitioner praying for a directi on to the respondent authorities particularly, the respondent No. 2 to appoint h er on compassionate ground. The petitioner’s case in brief is that the petitioner is the eldest daughter of late Tuta Raja Laskar who was serving as Assamese language Teacher at North Howa ithang M.E. School under Norsingpur Education Block. The petitioner’s father die d on 21.9.2004 while serving as such leaving behind his wife, two daughters and two sons. The petitioner being the eldest daughter and she having passed HS exam ination submitted a representation on 5.11.2004 before the respondent No. 3 i.e. the District Elementary Edu. Officer, Cachar, Silchar to appoint her as Asstt. Teacher in any M.E. School on compassionate ground. However, after waiting for s ometime getting no response from the respondent authorities, she filed a writ pe tition being WP(C) No. 7168/2005 which was disposed of vide order dated 5.10.2 005 directing the respondents to consider the case of the petitioner for appoint ment on compassionate ground within three months. The petitioner submitted the certified copy of the aforesaid order dated 5.10.2005 before the respondent No. 4 on 12.10.2005. Thereafter, her case was placed before the District Level Commi ttee (DLC for short) who approved her case and thereafter by the meeting held on 25.2.2009 the State Level Committee (SLC for short) has also recommended her ca se for appointment on compassionate ground. In the meanwhile, the petitioner got married to one Nasiruddin Laskar in the year 2007. However, on 20.2.2009 her husband gave her Talak (divorce) in writing and at present she is staying in he r parental house. The petitioner’s further case is that inspite of being duly se lected by DLC as well as SLC for appointment on compassionate ground she was n ot appointed only on the ground of her marriage, though she was divorced on 20.2 .2009 i.e. before recommendation of her case by the SLC on 25.2.2009. In the aforesaid background, the petitioner has prayed for a direction to the re spondent authorities to appoint her on compassionate ground in any Grade III or Grade IV post as her case has already been recommended by the DLC as well as SLC . An Additional affidavit has been filed by the petitioner wherein it has been sta ted on oath at para 3 as follows: 3. That pursuant to the order of the Dy. Director, Elementary Education, Assam, the District Elementary Education Officer, Cachar, Silchar vide letter No. WP(C ) No. 3301/09/4898 dated 23.10.09 submitted the parawise comments of WP(C) No.3 301/09 dated 15.09.09 where it is clearly stated that the petitioner was married with on Sri Nasir Uddin Laskar in 2007. Subsequently, after few year, she has b een divorced on 20.2.09 to which evidence also has been seen during his field vi sit. After divorce the petitioner has been passing her days in her parents house and till date she is there. Now the petitioner along with her mother and other family members are suffering as the family has no job. Therefore, the DEEO also prayed for consideration of the petitioner case and to appoint her on compassio nate ground as per rule. In view of the facts and circumstances of the case particularly considering the statements made on oath at paragraph 3 alone, the respondent authority is hereby directed to consider the case of the petitioner in terms of the decision of SLC taken on 25.2.2009 for appointment of the petitioner on compassionate ground. The writ petition stands disposed of. No costs.