WP(C) 5551/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY After the death of the petitioner’s father on 29.12.07, who served as a Hindi te acher in Amguri M.V. School, the petitioner applied for compassionate appointmen t under the Govt. Policy as per the application dated 25.3.08 (Annexure-4 A). In the said application the petitioner applied for the post of Assistant Teacher o f LP School and considering that he had not passed his Higher Secondary Examinat ion by the said date, he was not qualified for the post of Assistant Teacher of LP School. In any event, application for compassionate category cannot be made f or specific post. The District Level Committee of Bongaigaon District rejected the application of the petitioner on the ground that the same was filed after 3 months from the dat e of death of his father and therefore it cannot be considered. However, the learned counsel appearing for the petitioner relies upon the decisi on of this Court in Foziron Nessa and ors. vs. State of Assam reported in 2010( 4) GLT 340 to contend that the requirement of submitting application within 3 mo nths from the date of death of the bread earner specified by the by revised guid elines of 3.2.09 will apply prospectively and the time limit for submission of application can be extended to 12 months, from the date of death of the Govt. em ployee. Having regard to this Court’s judgment in Foziron Nessa (Supra), I am of the co nsidered opinion that the rejection of the petitioner’s application on the groun d stated by the Committee is not justified and accordingly the same is interfere d with. Accordingly, after hearing Mr. MR Pathak, learned standing counsel for the Educa tion Department who appears for the respondents 1,2 and 3, I dispose of this cas e at the motion stage by directing that the case of the petitioner be considered for compassionate appointment along with other similarly situated persons, by t he Bongaigaon District Level Selection Committee in terms of the judgment of thi s Court in Achyut Ranjan Das vs. State of Assam reported in 2006 (4) GLT 674. To facilitate such consideration by the Committee, the petitioner would furnish a copy of this Court’s order to the DEEO, Bongaigaon who, in turn, will place th e same for consideration by the Committee in its next meeting. The DEEO would al so examine as to whether the petitioner’s father Abdul Jalil Sarkkar was a Govt. employee at the time of his death on 29.12.07.