WP(C) 4403/2010 BEFORE HON’BLE MR. JUSTICE A. POTSANGBAM Heard Mr. A.R. Bhuiyan, learned counsel appearing for the petiti oner and Mr. D. Das, learned counsel appearing on behalf of the Respondents No.2 ,4 and 6. Also heard Mr. M. Dutta, learned counsel appearing on behalf of the St ate respondents. The father of the petitioner, Late Nurul Haque died-in-harness o n 14.05.2008 while working as Assistant Teacher at No.920 Rupshi Village L.P. Sc hool under the Deputy Inspector of Schools, Gossaigaon, now under Bodoland Terri torial Council area leaving behind the widow-wife and 10 (ten) children out of w hich four children are minor. Among the ten children left by Late Nurul Haque, t he petitioner has approached this Court by filing the instant writ petition, whe rein a direction has been sought to the respondents, more particularly, the Resp ondents No.2, 4 and 6 to consider his case for appointment in one of the Grade-I II/Grade-IV posts within 5% quota reserved for the compassionate appointment. It is not in dispute that the Office Memorandum dated 9.9.1983 issued by the Gov ernment of Assam framing the scheme for the purpose of compassionate appointment is also applicable in the Boroland Autonomous Council with amendments made ther eto, from time to time. It is stated in the writ petition that an application da ted 20.10.2008 was submitted by the petitioner for his appointment on compassion ate ground with all the particulars as per the conditions enumerated in the offi ce memorandum for appointment under the die-in-harness scheme. The petitioner ha s drawn the attention of the Court to a communication dated 6th August 2009 issu ed by the Secretary, Bodoland Territorial Council, Kokrajhar, asking the Circle Officer, Dhubri, to enquire into the matter and submit a report relating to othe r income generating from movable/immovable properties in the family of the petit ioner. The Circle Officer, Dhubri, has submitted his report dated 16.9.2009 to t he Secretary, Bodoland Territorial Council, on the basis of an enquiry held by t he office of the Circle Officer. The enquiry report contains the case of three p ersons and the name of the petitioner appears at Sl. No.1, which is quoted below :- 3. Md. Fakrul Islam S/O Lt. Nurul Haque is residing of village Hariarkuti P .O. Khudimari P.S. Gauripur in the district Dhubri. The family members of the pe titioner consists of eleven members and there is no Govt. service holder among t he family of the petitioner. The financial condition of the petitioner is not so und. The petitioner has submitted death certificate of his father. According to the report of the Circle Officer, as extracted upon, there is no pe rson in the family of the petitioner, who is employed in any Government service and the financial condition of the petitioner is not sound. At this stage, Mr. D as, learned Standing Counsel, B.T.C. submits that such report available at the level of the Circle Officer, is required to be placed before the Council Level C ommittee, which was constituted on 19th November 2005 with four members headed b y the Chairman (Secretary, Education). Learned counsel for the petitioner submi ts that he is not aware as to when the case of the petitioner had ever been plac ed before the Council Level Committee or not. The counsel for the petitioner fur ther submits that the writ petition may be disposed of by directing the Responde nts No.2, 4 and 6 to place the case of the petitioner before the council level c ommittee for consideration of compassionate appointment. The prayer appears to b e reasonable and just and accordingly, this writ petition is disposed of directi ng the Respondents No.2, 4 and 6 to consider the case by placing the case of th e petitioner before the Council Level Committee for consideration of his appoint ment to a Grade-III/Grade-IV post, within a period of 2 (two) months from the da te of receipt of a certified copy of this order and the petitioner may submit a copy of the enquiry report dated 16.9.2009 along with the certified copy of this order. With the aforesaid observation, the writ petition stands disposed of.