WP(C) 4461/2010 BEFORE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Ms.R.S.Chowdhury learned counsel appearing for the petitioner. Als o heard Mr.S.Banik learned Standing Counsel, Karbi Anglong Autonomous Council(KA AC for short ). Invoking power under Article 226 of the Constitution of India a writ of mandamus has been sought for directing the respondents to appoint the petitioner as Forester-I on compassionate ground in terms of approval granted by the KAAC. The petitioner’s case in brief is that, the petitioner’s father was serv ing as Forest Ranger under respondent No.5 and he died in harness on 10.4.2006 d uring General Election of the State Assembly 2006 during his election duty. Fath er of the petitioner was the sole bread earner of the family and thus after his death the petitioner alongwith his family had to face great financial hardship. Petitioner being eligible for Government job, he approached the competent author ity in KAAC to appoint him in any post on compassionate ground. The respondent N o.3 vide letter dated 31.7.2007 directed respondent No.4 to take necessary steps to appoint the petitioner as Forester-I on compassionate ground, making it clea r that the authority of KAAC has accorded approval for the same. But surprisingl y vide order dated 16.8.2007, the petitioner was appointed as Forester-I in th e office of the DFO, Karbi Anglong, West Division, Diphu on ad-hoc basis for 8 9 days. Accordingly, he joined in the post on 17.8.2007 by submitting joining re port. But after completion of three months, the competent authority without cons idering the hardship faced by the family of the petitioner after the death of th eir sole bread earner, discharged the petitioner from his service. The petitione r thereafter has submitted several representations before the authority for appo inting him on a permanent post. However, the same have evoked no response. Hence this writ petition with the aforesaid prayer. During the course of hearing Mr.Banik has submitted that vide order date d 1.11.2010 issued by respondent No.4, the petitioner has been appointed as Fore ster-I on compassionate ground under State Sector in the office of the Divisiona l Forest Officer, Karbi Anglong West Division, Diphu in the scale of pay of Rs.5 ,200/-+2200/-(Grade pay) per month plus other allowances as admissible. Accordingly the petitioner has joined in the aforesaid post by submittin g joining report on 17.12.2010 and he is serving as such. It is settled position of law that the compassionate appointment is to b e made against the substantive vacant post and accordingly this Court finds that the petitioner has now been appointed against substantive vacant post as has be en reflected from the vacancy report as on 5.6.10 under State Sector wherein a v acant post of Forester-I is shown under Divisional Forest Officer, Karbi Anglong , West Division (Annexure-G). Grievance raised by the petitioner being already taken care of by the au thority, nothing remains to be adjudicated upon. The writ petition accordingly stands closed. No costs. The copy of the order dated 1.11.2010 alongwith Joining Report dated 17. 12.2010 are kept on the record and marked as ’X’ and ’XI’ for identification.