WP(C) 2465/2010 BEFORE HON’BLE MR JUSTICE I. A. ANSARI Heard Ms. S. Changkakati, learned counsel for the writ petitioner, and Mr. B. J. Ghosh, learned Government Advocate, Assam, appearing on behalf of respondent No . 5. Heard Also Dr. B. Ahmed, learned Standing counsel, Irrigation Department, Government of Assam, appearing on behalf of respondent Nos. 1 to 4. The case of the petitioner, in brief, is thus: The father of the petiti oner had been working as a tractor operator under the establishment of Executive Engineer, Barpeta Division (Irrigation), who died on 03.07.1999, while in servi ce. After his father’s death, the petitioner applied to the respondents/authori ties concerned to appoint him, on compassionate ground. Aggrieved by the fact t hat the petitioner has not been appointed on compassionate ground, although, acc ording to the petitioner, he is entitled to, the petitioner has filed the presen t writ petition, under Article 226 of the Constitution of India, seeking appropr iate direction to be issued to the respondents. Appearing on behalf of the Department of Irrigation, and representing th e respondent Nos. 1 to 4, Dr. Ahmed, learned counsel, submits that as far as the said Department is concerned, its responsibility was to forward the name of the petitioner to the District Level Committee concerned, and this was already done , and it is the District Level Selection Committee, which has not selected the p etitioner for appointment. Why the petitioner has not been selected is really, points out Dr. Ahmed, for the respondent No. 5, namely, Deputy Commissioner, Bar peta, to explain. The submission, made by Dr. Ahmed, has not been disputed by M r. B. J. Ghosh, learned Government Advocate. In view of the above, this writ petition is directed to be listed, on 22 .07.2011, for motion hearing. Within two weeks from today, respondent No. 5 her ein, namely, Deputy Commissioner, Barpeta, shall file his affidavit, in the pres ent case, explaining the circumstances and/or the reasons for not appointing the petitioner. If the affidavit is not filed, as directed hereinbefore, the Cour t may consider issuing direction for personal appearance of the respondent No. 5 herein. Let the relevant records, pertaining to the selection process, conducted by the District Level Selection Committee, be also produced on the date fixed. Furnish a copy of this order t the learned Government Advocate.