WP(C) 321/2011 BEFORE THE HON’BLE MR.JUSTICE UB SAHA The instant writ petition is filed by the petitioner, son of a deceased govt. em ployee who died while in service on 26.12.2009, for compassionate appointment. Heard Mr. AN Ahmed, learned counsel for the petitioner as well as Mr. SK Das, le arned Standing Counsel, Education Department, who appeared at this motion stage, for the respondents. As agreed to by the learned counsel for the parties and taking note of the natur e of the prayer, the writ petition is taken up for final disposal at the motion stage, particularly taking note of the decision of this Court in Faziron Nessa & Ors. V. State of Assam & Ors., 2010 (4) GLT 340, wherein a coordinate Bench of this Court directed the State respondents to follow certain norms as mentioned i n paragraph 40 of the said decision. Brief facts of the case needed to be discussed are as follows:- The petitioner is the son of a deceased govt. employee who was working as Assist ant Arabic Teacher in Duramari Malibari ME Madrassa w.e.f 19.11.1991 and died in harness on 26.12.2009 while he was performing ’Haj’ at Mecca. After the death o f his father, the petitioner being qualified up to BA (TDC) with Major in Arabic applied for the post of Assistant Arabic Teacher which had fallen vacant due t o the death of his father but the same is still pending. Mr. Ahmed submits that appointment on compassionate ground, though not a matter of right but when there is a particular scheme framed by the government which ha s been given effect to, and the petitioner is covered by the said scheme, then t he authority is bound to consider his case for appointment to the post of Assis tant Arabic Teacher. He also submitted that the case in hand is covered by the d ecision of this court in Faziron Nessa & Ors (supra). The said submission of Mr. Ahmed is admitted by Mr. Das who would contend that the entire writ petition can be disposed of with a direction to the Commissioner & Secretary to Govt. of Assam, Education Department, respondent No. 1 herein, t o consider the case of the petitioner in accordance with the scheme read with th e terms as stated in paragraph 40 of Faziron Nessa & Ors (supra). In view of the aforesaid submission of the learned counsel for the parties and t aking note of Faziron Nessa & Ors (supra) the respondent No. 1, Commissioner & S ecretary to Govt. of Assam, Education Department is directed to consider the app lication of the petitioner within a period of two months from the date of receip t of this order in accordance with Rules and in terms of paragraph 40 of Faziron Nessa & Ors (supra). Petitioner shall furnish a copy of this order to the respondent No. 1 within a p eriod of ten days from today. With the aforesaid order, the writ petition stands disposed of.