WP(C) 6320/2010 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY The petitioner is before this Court seeking a direction for completion of his pr ocess qua compassionate appointment, he having meanwhile been recommended by the jurisdictional District Level Committee therefor. I have heard Mr. R. De, learned Counsel for the petitioner and M s. Bhuyan, learned Standing Counsel, Public Works Department, Assam (for short h ereafter referred to as the Department). The petitioner’s pleaded case is that on the death of his father Prahlad Das (since deceased) who had died in harness while serving as Sub-Engin eer (Grade-II) in the establishment of the Executive Engineer, PWD (R), Guwahati City Division No. III, Bamunimaidam, Guwahati, on 8/11/2009, he applied for com passionate appointment in terms of the guidelines formulated by the Government i n that regard. His application was duly processed and was eventually laid before the District Level Committee, Kamrup, which on a consideration thereof in its m eeting held on 23/3/2010 in terms of the determination made by this Court in Ach yut Ranjan Das and others versus State of Assam and others, 2006 (4) GLT 674 rec ommended him for such appointment against the sole existing vacant Grade-III pos t in the office of the Executive Engineer, PWD (R), Guwahati City Division No. I II, Bamunimaidam, Guwahati. While the process lay at that stage, a fresh exercis e was initiated by the Department to fill up amongst others the said post by inv iting candidature from the local Employment Exchange. It is submitted at the Bar that as on date, the said process has advanced substantially. The respondents have filed an affidavit through the respondent N o. 3 contending in substance that the concerned authority of the Department has meanwhile by the letter dated 2/3/2010 (Annexure 1 to the Affidavit in Oppositio n) conveyed Government approval for filling up one post of LDA along with others as mentioned therein. Though the affidavit mentions one more vacancy in the sai d post that had arisen on and from 1/6/2010, it is sought to be pleaded that no approval therefor for appointment has yet been given. Reference has also been ma de to the office memorandum dated 2/3/2009 which prescribes 5% as the quota iden tified for compassionate appointment. It has been asserted however that having r egard to the fact that only one vacancy remains to be filled up, no reservation is applicable thereto. Whereas Mr. De submits that as the petitioner has been recommend ed for compassionate appointment by the jurisdictional District Level Committee in terms of the judgment rendered by this Court in Achyut Ranjan Das, supra, he is entitled to a favourable recommendation by the State Level Committee for such appointment, Ms. Bhuiyan has urged that having regard to the contents of the of fice memorandum dated 2/3/2010, no direction for such appointment be made by thi s Court. Upon hearing the learned Counsel for the parties and on a consid eration of the pleaded facts and the documents annexed to the writ petition, thi s Court is of the view that the petitioner is entitled to a direction for consid eration of his case by the State Level Committee. As admittedly the petitioner’s application for such appointment has meanwhile been processed and he has been r ecommended by the jurisdictional District Level Committee, he is entitled to the completion of the process as conceived of and directed by this Court in Achyut Ranjan Das, supra. Ordered accordingly. The State Level Committee, however, whil e taking a final decision on this issue would be mindful of the parallel process that has been initiated. This observation ought not to be construed to be a dir ection to it to deny compassionate appointment to the petitioner. The issue is l eft to the discretion and dominion of the said Committee to take an appropriate decision in the attendant facts and circumstances. As the petitioner waits in ex pectation, this process should be completed within a period of one month from th e date of receipt of certified copy of this order. The petitioner would submit a certified copy hereof before the Chairman of the State Level Committee within a week herefrom. Till the consideration of the petitioner’s case for compassionat e appointment by the State Level Committee, no final decision would be taken for appointment in the post involved on the basis of the new exercise initiated. No costs.