WP(C) 5882/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Kataky, learned counsel for the petitioner, Mr. Goswami, learn ed standing counsel Water Resources Department appearing for the respondent Nos. 2 to 4 and Mr. Ghosh, learned State counsel appearing for the respondent Nos.1 a nd 5. The petitioner by the present petition has prayed for a direction to the respondent authorities to consider his case for appointment on compassionate gr ound pursuant to the scheme for appointment on compassionate ground as framed by the Govt. of Assam and circulated vide office memorandum dated 09.09.1983. Acco rding to the petitioner, his father, who was a Grade-IV employee (Duftry) in the office of the Executive Engineer, Nagaon Water Resources Division, Nagaon, reti red from service on medical ground on 19.06.2005 and thereafter though he filed an application for appointment on compassionate ground pursuant to the aforesaid office memorandum dated 09.09.1983, his application has not been considered. The learned counsel appearing for the respondents placing reliance on a Division Bench judgment of this Court in Afruja Sakia Yasmin Ahmed Vs. District & Sessions Judge, Golaghat and others reported in 2008(4) GLT 140 has submitted that as the Clause 9 of the said office memorandum dated 09.09.1983, by which th e benefit of compassionate appointment was extended to the son, daughter or othe r near relative of a Govt. servant retired on medical grounds under the provisio ns of Rule 82 of the Assam Services (Pension) Rules, 1969, has since been declar ed as illegal and unconstitutional, the petitioner cannot claim for appointment on compassionate ground pursuant to such clause in the aforesaid office memorand um. It appears that the petitioner is claiming appointment on compassionate ground on the basis of clause 9 of the aforesaid office memorandum dated 09.09.1 983, which provides that the benefit of compassionate appointment may be extende d to the son, daughter or other near relative of a Govt. servant retired on medi cal ground under the provisions of Rule 82 of the Assam Services (Pension) Rules , 1969. A Division Bench of this Court in Afruja Sakia Yasmin Ahmed (supra) has declared the aforesaid clause in the aforesaid office memorandum as illegal and unconstitutional. In view of the aforesaid position, the petitioner is not entitled to rel ief as prayed in the writ petition, as his case cannot be considered for appoint ment on compassionate ground under the said scheme. The writ petition is accordingly dismissed.