WP(C) 2414/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Ms. P. Chakraborty, learned counsel for the petitioner as well as Mr. Choudhury, learned standing counsel Health Department for the respondents. The petitioner, who is a Grade-IV employee in Silchar Medical College an d Hospital, by the present petition has challenged the order dated 29.03.2011 pa ssed by the Principal cum Chief Superintendent, Silchar Medical College and Hosp ital, asking her to vacate the quarter earmark for the Grade-III staff, which sh e has been occupying after the death of her husband, who was a Grade-III staff o f the said Medical College and Hospital. The learned counsel for the petitioner submits that since the petitioner was appointed on compassionate ground as Grade-IV staff in the said Medical Col lege and Hospital after the death of her husband, who was a Grade-III employee a nd occupying the quarter meant for the Grade-III staff and though there was an a ssurance given for her upgradation from Grade-IV to Grade-III post, the authorit y ought not to have issued the order dated 29.03.2011 asking her to vacate the q uarter which she is occupying and meant for the Grade-III staff without consider ing her upgradation from Grade-IV to Grade-III post. The learned counsel, theref ore, submits that the present writ petition may be disposed of directing the res pondent authorities to first consider the case of the petitioner for upgradation from Grade-IV to Grade-III post and on her upgradation to allow her to continue to possess the quarter she is now possessing. Mr. Choudhury, learned standing counsel Health Department, on the other hand, placing reliance on the averments made in the affidavit-in-opposition file d by the respondent No.3, the Principal cum Chief Superintendent, Silchar Medica l College and Hospital, has submitted that after the appointment of the petition er on compassionate ground as Grade-IV staff she was offered with a Grade-IV qua rter and was asked to vacate the Grade-III quarter which she did not do. Accordi ng to the learned counsel as she is not entitled to Grade-III quarter the impugn ed order had to be passed. It has also been submitted that even if the petitione r’s case for upgradation from Grade-IV to Grade-III post can be considered, the petitioner even on upgradation would not be entitled to Grade-III quarter as the re are other Grade-III staff who were appointed earlier and waiting for allotmen t of the Grade-III quarters. It is not in dispute that the petitioner has been appointed on compassio nate ground in Grade-IV posts in the said Medical College and Hospital on the de ath of the petitioner’s husband while in service and who was a Grade-III staff. The petitioner having been appointed in Grade-IV post cannot therefore occupy th e Grade-III quarter as has been done by her. The petitioner also cannot claim th at she may be allowed to continue with Grade-III quarter until consideration of her prayer for upgradation, as even if the petitioner’s service is upgraded her turn for such allotment may not come as there are other Grade-III staff who are waiting for allotment of the quarters. It also appears from the averments made i n the affidavit-in-opposition filed by the respondent No.3 that the petitioner w as in fact offered with a Grade-IV quarter which she did not accept. That being the position, I do not find any merit to interfere with the i mpugned order passed by the authority concerned. The petitioner, however, may be allotted with a Grade-IV staff quarter, if available. With a view to make an al ternative arrangement, the petitioner shall be allotted to occupy the quarter fo r a period of 1(one) month from today. The writ petition is accordingly dismissed. No costs.