WP(C) 4191/2010 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI The petitioner’s grievance is that his father, namely, Md. Abdur Rahim, died-in-harness, on 16-10-2008, while serving as Assistant Teacher at Janapriya Higher Secondary School, Ghugubari. The petitioner being the third son of the de ceased, has made an application, seeking to be appointed under the State Governm ent’s scheme for compassionate appointment as embodied in the office memorandum, dated 09-09-1983. As no action has been taken to his petition, the petitioner h as filed this writ petition under Article 226 of the Constitution of India, seek ing issuance of appropriate direction. Heard Mr. HR Ahmed, learned counsel for the petitioner, and Mr. J Abedin, learne d Standing counsel, Education Department, appearing on behalf of respondents. While considering the present writ petition, it needs to be noted that t he petitioner’s brother is serving in the Indian Army, he having appointed in th e year 2005, meaning thereby that at the time of the death of the petitioner’s f ather, the petitioner’s elder brother was serving in the Indian Army and he stil l serves as a member of Indian Army. What the petitioner, however, claims by fil ing an affidavit on record is that his elder brother lives separately. In the co ntest of what the petitioner submits, it needs to be noted that though under the scheme, dated 09-09-1983 aforementioned, the scheme is applicable, ordinarily, to only such family, which has no earning member. The scheme, however, makes an exception by laying down thus: In deserving cases, however, the benefit may be extended to families having earning members, depending upon the earnings and lia bilities of such earning member . The case of the petitioner, therefore, needs to be examined by the appro priate authority to determine if the petitioner deserves to be appointed under t he said scheme despite the fact that his elder brother is a member of the Indian Army. Such examination has to be made by the District Level Committee, constitu ted for this purpose and if the District Level Committee recommends the name of the petitioner for appointment, then, further examination of the petitioner’s ca se would be made by the State Level Committee, in terms of the directions, which have been issued in Achyut Ranjan Das & others -vs- State of Assam, reported in 2006 (4) GLT 674. Considering the matter in its entirety and in the interest of justice, this writ petition is disposed of with direction to the respondent No. 4, namely, Chairma n-cum-Deputy Commissioner, Barpeta, to examine the grievances of the petitioner and if the petitioner is found to have made any application for appointment on c ompassionate ground, the respondents shall do the needful in accordance with law and in terms with the decision rendered in the case of Achyut Ranjan Das & othe rs -vs- State of Assam, reported in 2006 (4) GLT 674.