WP(C) 2686/2010 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY Heard Ms D. Borgohain, learned counsel for the petitioner as well as Mr J. Handique, learned state counsel appearing for the respondents. The petitioner has raised two-fold-grievance in the present petition, na mely (i) non-consideration of her case for appointment on compassionate ground; and (ii) non-payment of retiral benefits including family pension payable under the provisions of the Assam Services (Pension) Rules, 1969. From the averments made in the affidavit-in-opposition filed by the resp ondents, more particularly in para-6 thereof, it would appear that the proposal for appointment of the petitioner on compassionate ground has been submitted bef ore the Chairman, District Level Committee, Nagaon District vide communication d ated 4.10.2007. It also appears from the said affidavit that a number of reminde rs were also issued, including the reminder dated 5.1.2009 for such consideratio n of the case of the petitioner. In para-8 of the said affidavit, it has further been stated that the appointment on compassionate ground can be made, only afte r approval of proposal by the State Level Committee constituted for that purpose . Relating to the non-payment of retiral benefits to which the petitioner claims to be entitled to, in para-7 and 8 of the said affidavit, it has been stated th at the matter could not be processed due to non-submission of the required appli cation by the petitioner. The said affidavit, however, does not disclose as to whether the case of the petitioner for appointment on compassionate ground has been considered by t he District Level Committee or not. In view of the aforesaid position, the present writ petition is disposed of with the following directions: 1) The District Level Committee, Nagaon District shall, within four weeks f rom today, consider the case of the petitioner for appointment on compassionate ground, if such consideration has not already been made and place the same befor e the State Level Committee for consideration; 2) If the District Level Committee has already approved the case of the pet itioner and placed the same before the State Level Committee, the State Level Co mmittee shall consider such proposal within four weeks from today, if not alread y considered; 3) That District Level Committee or the State Level Committee, as the case maybe, shall inform the petitioner about the outcome of such consideration; 4) In case the petitioner’s claim has already been rejected by the District Level Committee or by the State Level Committee, the petitioner shall immediate ly be informed so that she may take the appropriate legal course open to her. 5) The petitioner, within two weeks from today, shall file proper applicati on in proper form claiming retiral benefits including family pension before the Executive Engineer, PHE, Nagaon Division, who, within six weeks thereafter shall pass necessary orders relating to payment of retiral benefits including family pension and pay whatever amount found due and payable to the petitioner. Writ petition is accordingly disposed of. No costs.