WP(C) 2130/2008 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. UK Nair, learned counsel for the petitioner and Mr. Das, learned Stand ing Counsel, Education Department, Assam. The petitioner claims compassionate appointment in the post of Assistant Teacher in a M.E. School or M.E. Madarassa on the basis of her selection therefor by th e District Level Selection Committee, Kamrup, which has since been approved by t he Finance (SIU) Department of the State. Following the demise of her husband in-harness, who at his death, was an Assista nt Teacher in Khepkuchi Gankjar ME Madrassa, the petitioner applied for appointm ent on compassionate ground, which was duly processed. According to her, the app lication was before the District Level Selection Committee, Kamrup, which recomm ended her case for such appointment, so much, that in the list drawn up therefor , her name figured at Sl. No. 1. Thereafter, this list was forwarded by the Dire ctor of Elementary Education, Assam to the Commissioner and Secretary,(Education ) Department on 07.02.2005. The Finance (SIU) Department also duly accorded its sanction towards the appointment of the candidates. As in spite of the above, the petitioner has not been provided with the appointment, she is before this Co urt. No affidavit-in-opposition has been filed by the respondent. Mr. Nair, while contending that the inaction on the part of the respondents amou nts to failure in the discharge of their public duty, has drawn the attention of the Court to the order dated 22.07.2008 in WP(C) No. 2349/2009 instituted by so me of the candidates selected alongwith the petitioner and empanelled in the afo rementioned select list. The learned counsel for the petitioner submits that in the facts and circumstances of the case, without prejudice to the rights of the petitioner, a similar order may be passed in the instant proceeding. Mr. Das, learned Standing Counsel, Education Department submits that a fresh con sideration of the petitioner’s case is called for in terms of the decision of th is Court in Achyut Ranjan Das Vs. State of Assam and Ors. Reported in 2006 4 GLT 674. Upon hearing the learned counsel for the parties, this petition is disposed of w ith the direction to the Commissioner and Secretary, Govt. of Assam, (Education) Department to cause immediate steps to be taken to process the petitioner’s cla im for compassionate appointment on merit in terms of the guidelines laid-down b y this Court in Achyut Ranjan Das (Supra). As the petitioner claims that her case meanwhile, had once been recommended by t he District Level Selection Committee, Kamrup in the year 2004, the respondents authorities in this factual background would bear the above factor in mind while assessing her case for the appointment sought for. No costs.