WP(C) 1617/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. S. Baruah, learned counsel for the petitioner, Mr. J. Abedin, learned Standing Counsel, Education Department appearing for the respondent Nos.1, 4 and 5 and Mr. J. Handique, learned State Counsel appearing for the respondent Nos.2 and 3. The petitioner by the present petition has prayed for a direction to the respond ent authorities to consider her case for appointment on compassionate ground in terms of the scheme formulated by the Government of Assam in that regard contend ing inter alia that though after the death of her husband on 9th December, 2003 while working as Assistant Teacher in Bengena Ati RKD Girls’ High School, Jorhat , she on 10th July, 2004 filed an application in the required format before the Director of Secondary Education and all the particulars were forwarded by the In spector of Schools, Jorhat to the Deputy Commissioner, Jorhat in the year 2006, nothing has been done by the respondent authorities till date for consideration of the petitioner’s case for appointment on compassionate ground. Mr. Baruah, learned counsel for the petitioner, therefore, submits that necessar y direction may be issued to the respondent authorities to consider the case of the petitioner for appointment on compassionate ground in terms of the decisions rendered by this Court in Achyut Ranjan Das -Vs- State of Assam & Ors. reported in 2006 (4) GLT 674 as well as in Faziron Nessa & Ors. -Vs- State of Assam & Or s. reported in 2010 (4) GLT 340. Mr. Handique, learned State Counsel appearing for the respondent Nos.2 and 3 ref erring to the affidavit-in-opposition filed by the Additional Deputy Commissione r has submitted that there was no occasion on the part of the District Level Com mittee to consider the case of the petitioner for appointment on compassionate g round and for recommending her name to the State Level Committee, as no formal p roposal has been received by the office of the Deputy Commissioner till date. S uch submission, however, has been disputed by Mr. Baruah, learned counsel for th e petitioner referring to the averments made in paragraph 7 of the writ petition . Mr. Abedin, learned Standing Counsel, Education Department submits that since th e dispute is relating to non submission of the formal proposal before the Distri ct Level Committee constituted for that purpose, the Inspector of Schools, Jorha t shall again forward the proposal to the Deputy Commissioner for placing the sa me before the District Level Committee, provided the petitioner furnishes anothe r set of papers for that purpose. Having regard to the aforesaid submission made by the learned counsel appearing for the parties, the present writ petition is disposed of with the following dir ections:- (i) The petitioner within 15 (fifteen) days from today shall furnish a further s et of documents to the Inspector of Schools, Jorhat, who shall within 15 (fiftee n) days from the date of receipt of such documents forward the same to the Deput y Commissioner, Jorhat. (ii) The Deputy Commissioner, Jorhat after receipt of such formal proposal place the matter in the next meeting of the District Level Committee for consideratio n of the petitioner’s case for appointment on compassionate ground in terms of t he guidelines issued by the Government of Assam in that regard and also in terms of the decisions in Achyut Ranjan Das (supra) and in Faziron Nessa’s (supra). I n the event it is found that the petitioner’s case can be recommended to the Sta te Level Committee, the same shall immediately be sent thereafter. (iii) It is needless to say that the case of the petitioner for appointment on c ompassionate ground shall not be rejected on the ground of delay in submission o f formal proposal to the Deputy Commissioner, as the petitioner though filed the application on 10th July, 2004, no formal proposal has been submitted before th e Deputy Commissioner, Jorhat. The writ petition is accordingly disposed of. No costs.