WP(C) 797/2011 BEFORE THE HON’BLE MR JUSTICE U.B.SAHA The instant writ petition is filed by the petitioner for a direction to the resp ondents to appoint her on compassionate ground in the vacant post of Assistant T eacher in the Rampur High School in which her deceased mother was working prior to her death. Heard Mr. S.Kanangoe, learned counsel appearing for the petition er as well as Mr. S.K.Das, learned Standing Counsel, Education. As agreed to by the learned counsel for the parties and consider ing the nature of the prayer made, the instant writ petition is taken up for dis posal at the motion stage. The case of the petitioner, in brief, is as follows: That the mother of the petitioner, namely, Saleha Khatun, while she was working as an Assistant Teacher in the Rampur High School died in harnes s on 28.10.2010. The petitioner, being the elder daughter of her deceased mother , is eligible for compassionate appointment submitted an application in prescrib ed format to the Inspector of Schools, B.D.C., Barpeta through the Head Master, Rampur High School. Upon receipt of the application from the petitioner, the Hea d Master, Rampur High School forwarded the same to the Inspector of Schools on 1 7.10.2010. But till date no decision has been taken by the respondent authoritie s for appointment of the petitioner. Hence this writ petition. Ms.Kanangeo, learned counsel for the petitioner while urging fo r the relief sought for would contend that as per the Scheme of the Government o f Assam on compassionate appointment, the petitioner is entitled to get the job in the vacant post on her deceased mother on compassionate ground as there is n o earning member in her family. Mr. Das, learned Standing Counsel Education appearing for the Sta te respondents while resisting the claim of the petitioner urges that appointmen t on compassionate ground is not a matter of right. Only when a person fulfils the conditions of the relevant Die- in- harness Scheme then only his/her case would come up for consideration. There is no doubt that compassionate appointme nt cannot be insisted upon for a particular post. Appointment on compassionate ground is taken up as per the scheme prepared the authority concerned. More so, such appointment cannot be claimed as a matter of right at the cost of other un employed persons who are waiting for employment. At the same time, compassionate appointment also cannot be denied on the mere ground that other persons are wai ting in the que when the scheme is prepared by the Government for providing the benefit to a member of the family of a deceased Govt. employee. Therefore, accor ding to this Court, it would meet the end of justice if the instant writ petitio n is disposed of by a simple direction to the Commissioner and Secretary to the Govt. of Assam, Education (S) Department, Dispur, Guwahati to consider the praye r of the petitioner for appointment on compassionate ground taking note of the o bservations made in Para 40 by this Court in Fazrul Nessa vs. State of Assam Reported in 2010 (4 )GLT 340. Accordingly, the Inspector of Schools, Barpeta District Circle , Barpeta, Respondent No.3, is directed to send the application of the petitione r (Annexure-5 to the writ petition) to the Commissioner and Secretary to the Gov t. of Assam, Education(S) Department, Dispur, Guwahati, who in turn would do th e needful in terms of the guidelines /direction of this Court contained in Para 40 of the Fazrul Nessa & ( Supra). The entire exercise should be completed withi n a period of 3 months from the date receipt of this order. The petitioner is di rected to furnish a copy of this order to the Commissioner and Secretary, Govt. of Assam, Education (S) Department within 3 weeks from the date of receipt of th is order. With the above directions, the writ petition is disposed of.