WP(C) 696/2011 BEFORE THE HON’BLE MR. JUSTICE U.B. SAHA The instant writ petition is filed by the petitioner, brother of a deceased, gov ernment employee, namely- Siddique Hussain, who died in harness when he was work ing as Assistant Teacher at Chitalkati M.E. Madrassa School for a direction to t he respondent for appointing the petitioner as Assistant Teacher on companionate ground in view of the compassionate appointment scheme in force in the State of Assam. Heard Mr. A. Mannaf, learned counsel for the petitioner who submits that the petitioner is covered under the scheme of the State Government prepared for compassionate appointment particularly the office Memorandum dated 28.10.2003. Mr. A. Deka, learned Standing Counsel, Education Department appearing for the re spondents submits that the present petition is not maintainable on the ground th at the petitioner is not covered being he is not near relative of the deceased e mployee as per Clause 3 of office Memorandum dated 28.10.2003 issued by the Comm issioner and Secretary, Government of Assam, Education Department (Annexure-8(b) ) to the writ petition. Upon going through the submissions of the learned counsel for the partie s and the contentions made by the petitioner in the writ petition, this Court is of the considered opinion that compassionate appointment cannot be claimed as a matter of right unless covered by the scheme prepared for compassionate appoint ment. As it appears from the petition that the petitioner has submitted one repr esentation to the District Elementary Education Officer, Dhubri on 4.11.2010 and which has not been disposed of as yet. According to this Court, it would be pr oper to direct the respondent No.3 to consider the representation (Annexure-5 to the writ petition) of the petitioner within the parameter of the scheme and dis pose of the same within a period of three (3) months from the date of receipt of the order of this Court along with the copy of the writ petition. Accordingly i t is ordered. Petitioner is also directed to furnish a copy of the writ petition along with this order to the respondent No.3 within a period of seven (7) days from t oday. With the aforesaid order, the instant writ petition is disposed of.