WP(C) 4421/2010 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 Ganesh Ch. Brahma died-in-har ness on 22.10.2007 while working as Assistant Teacher in No.1564 Paikandara L.P. School under the Deputy Inspector of Schools, Gossaigaon, now under Bodoland Te rritorial Council area leaving behind seven members in his family including the petitioner. Among the seven members left behind by Late Ganesh Ch. Brahma, the p etitioner has approached this Court by filing the instant writ petition, wherein a direction has been sought to the respondents, more particularly, the Responde nts No.2, 4 and 6 to consider his case for appointment in one of the Grade-III/G rade-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 Government of Assam framing the scheme for the purpose of compassionate app ointment is also applicable in the Boroland Autonomous Council with amendments m ade thereto, from time to time. It is stated in the writ petition that an applic ation dated 26.5.2008 was submitted by the petitioner for his appointment on com passionate ground with all the particulars as per the conditions enumerated in t he office memorandum for appointment under the die-in-harness scheme. The petiti oner has drawn the attention of the Court to a communication dated 6th August 20 09 issued by the Secretary, Bodoland Territorial Council, Kokrajhar, asking the Circle Officer, Dhubri, to enquire into the matter and submit a report relating to other income generating from movable/immovable properties in the family of th e petitioner. The Circle Officer, Dhubri, has submitted his report dated 16.9.20 09 to the Secretary, Bodoland Territorial Council, on the basis of an enquiry he ld by the office of the Circle Officer. The enquiry report contains the case of three persons and the name of the petitioner appears at Sl. No.2, which is quote d below :- 2. Shri Prabir Kr. Brahma S/O Lt. Ganesh Ch. Brahma is residing of village Gambirakhata P.O. & P.S Kazigaon in the district Dhubri. The family members of t he petitioner consists of three members and there is no Govt. service holder amo ng the family of the petitioner. The financial condition of the petitioner is no t sound. 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 the petitioner before the Council Level Committee for consideration of his appointm ent to a Grade-III/Grade-IV post, within a period of 2 (two) months from the dat e of receipt of a certified copy of this order and the petitioner may submit a c opy 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.