WP(C) 1585/2010 BEFORE THE HON’BLE MR.JUSTICE B.P.KATAKEY The petitioner, by the present petition, has challenged the proceeding of Distri ct Level Selection Committee, Golaghat dated 25th March 2008, wherein it was dec ided not to consider the case of the petitioner for appointment on compassionate ground as the case is not covered with Govt. criteria . I have heard Mr AY Choudhury, learned counsel for the petitioner; Mr BJ Ghosh, learned State counsel, appearing for the respondent Nos.1 & 5; Ms Bhuyan, learned standing counsel for PWD, appearing for the respondent Nos.2,4 & 6; and Mr D Gogoi, learned standing counsel for Finance Department, appearing for the respondent No.3. Learned counsel for the petitioner, referring to the proceeding dated 25 th March 2008, has submitted that district level committee of Golaghat district has rejected the claim of the petitioner for consideration for appointment on co mpassionate ground under the scheme formulated by the Government of Assam for th at purpose by simply mentioning - the case is not covered with Govt. criteria , without, however, assigning which of the criterion has not been fulfilled by th e petitioner for the purpose of such consideration. According to learned counsel , the petitioner fulfills the entire criterion laid down by the Government of As sam in the office memorandum issued by the authority in that regard. Learned cou nsel, therefore, submits that necessary directions be issued to the district lev el committee to reconsider the case of the petitioner for appointment on compass ionate ground and to pass necessary orders. Learned State counsel, referring to the office memorandum issued by the Commissioner & Secretary to the Government of Assam in the Personnel(B) Departme nt, laying down revised guidelines for appointment on compassionate ground, has submitted that certain criterion were laid down in the said memorandum, for con sideration of the case of a candidate for such appointment. It has also been su bmitted that in the proceeding of the district level committee dated 25th March 2009 although it been stated that - the case is not covered with Govt. criteri a , nothing, however, has been stated as to which of the criterion laid down by the Government of Assam for that purpose has not been fulfilled by petitioner. Learned State counsel, referring to the affidavit-in-opposition filed on behalf of the Deputy Commissioner, Golaghat(respondent No.5), submits that mayb e previous district level committee had rejected the claim of the petitioner on the ground that his application is pending for more than 2 years. Learned State counsel, however, fairly submits that since the proceeding of district level committee does not spell out which of the criterion has not b een fulfilled by the petitioner, it would not be possible for the present incumb ent in the office of the Deputy Commissioner to spell out the reasons therefor. Learned standing counsel for the PWD, and learned standing counsel for t he Finance Department, submit that the petitioner’s candidature has been rejecte d on the ground of non-fulfillment of the criterion laid down by the Government of Assam for consideration for appointment on compassionate ground, as it appear s from the proceeding of the meeting of the district level committee held on 25t h March 2008. It appears from the impugned proceeding dated 25th March 2008 that the p etitioner’s candidature has been rejected on the ground - the case is not cover ed with Govt. criteria . The office memorandum issued by the Personnel(B) Department of Governmen t of Assam laying down the guidelines for appointment on compassionate ground st ipulates certain criterion to be fulfilled for consideration for appointment on compassionate ground. The proceeding of the district level committee dated 25th March 2008 does not disclose which of the criterion laid down by the Government of Assam for the purpose of consideration for such appointment has not been fulf illed by the petitioner, so as to warrant rejection of his case for such appoint ment. The present incumbent in the office of the Deputy Commissioner, Golaghat, as noticed above, in the affidavit, also could not specifically spell out the gr ounds for rejection of the candidature of the petitioner. That being the position, the petitioner’s case has to be reconsidered by the district level committee. Hence, the said committee is directed to reconsid er the case of the petitioner for appointment on compassionate ground in its nex t meeting, and in case the petitioner does not fulfill any of the criterion laid down by the Government for that purpose, it shall spell out specifically which of the criterion has not been fulfilled by the petitioner. In case the petitione r has fulfilled the entire criterion required to be fulfilled, the necessary ste ps in that regard shall be taken by the district level committee. The petitioner shall submit the certified copy of this order before the Deputy Commissioner, Golaghat, within one week from today, for due compliance of this order. The writ petition is accordingly disposed of. No costs.