WP(C) 5784/2009 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. S. Baruah, learned counsel for the petitioner, and Ms. B. L. Sinha, le arned Government Advocate, appearing on behalf of the respondent Nos. 1 and 4. Heard also Mr. Das, learned Standing counsel, BTC, appearing on behalf of respon dent Nos. 2, 3 and 5. The petitioner’s case is that his father, while working as a Head Assist ant in the erstwhile Barpeta Mahkuma Parishad, died in harness on 05.06.1999. O n the death of his father, the petitioner applied for appointment on compassiona te ground. As the petitioner was not appointed, he has filed this writ petition seeking appropriate directions to be issued to the respondents. By filing affidavit, the respondents have submitted to the effect, inter alia, that the petitioner’s case was placed before the District Level Committee , on 24.05.2010, but his case could not be recommended for promotion, because of the reason that no vacant post, within the prescribed provision of the 5% quota , meant for the persons of the category to which the petitioner belongs, was ava ilable. By filing their affidavit, the respondents have also submitted that they would take up the case of the petitioner for making recommendation for appointm ent on compassionate ground as and when requisite vacant post of LD Assistant fo r appointment of the petitioner becomes available. In view of the above, this writ petition is closed with a direction to t he respondents to deal with the case of the petitioner in accordance with law, a s soon as vacancy for the post of LD Assistant becomes available, for considerin g the petitioner’s case within the prescribed 5% quota. With the above observations and directions, this writ petition shall sta nd disposed of.