WP(C) 6305/2005 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. PC Dey, learned counsel for the petitioner and Mr. BJ Ghosh, learned State Counsel appearing for the respondent No.1. I have also heard Mr. AK Goswami, learned Senior Counsel assisted by Mr. S Banik, lear ned counsel appearing for the respondent Nos.2 to 6. The petitioner, by the present petition has challenged t he order dated 16th August, 2005 passed by the Divisional Forest Officer, Karbi Anglong, East Division terminating his engagement on officiating basis as Lower Divisional Assistant (LDA) with effect from the date of issuance of such order a nd in appointing the respondent No.7 in the said vacancy on ad-hoc basis. The relevant facts leading to filing of the present writ petition may be noticed as under:- The petitioner’s father, who was an Upper Divisional Ass istant (UDA) in the Office of the Divisional Forest Officer, Karbi Anglong, East Division, Diphu died in harness on 27th August, 2001 and thereafter, an applica tion was filed by the petitioner for appointment on compassionate ground. The s aid application was forwarded by the Divisional Forest Officer to the Conservato r of Forest vide communication dated 27th September, 2001, which was ultimately placed before the Deputy Secretary, in-Charge of Forest, Karbi Anglong Autonomou s Council. The Deputy Secretary, in-Charge of Forest of the Council vide communi cation dated 30th July, 2002 requested the Divisional Forest Officer to furnish his comments on the vacancy position while considering the case of the petitione r for appointment on compassionate ground. The Deputy Secretary thereafter, dir ected the Conservator of Forest to take required steps for promotion of the seni or-most LDA to the post of UDA, against the vacancy caused due to the death of t he petitioner’s father. The Conservator of Forest accordingly, promoted one Md. Ancharul Haque to officiate as UDA vide order dated 12th February, 2004. The pet itioner was thereafter, appointed on officiating basis in the resultant vacancy of LDA on compassionate ground, after such proposal was approved by the Deputy S ecretary, in-Charge of the Forest of the Council vide communication dated 14th S eptember, 2004. The order of appointment of the petitioner was issued on 16th O ctober, 2004 with the condition that the officiating arrangement shall automatic ally be terminated on reversion of Md. Ancharul Haque, who was promoted to the p ost of UDA on officiating basis. While the petitioner was working as LDA pursua nt to his order of appointment dated 16th October, 2004, the Divisional Forest O fficer by the impugned order dated 16th August, 2005 terminated the services of the petitioner with effect from the date of issuance of such order and appointin g the respondent No.7 in the said post on officiating basis, which is under chal lenged in the present writ petition. It has been submitted by Mr. Dey, learned counsel for th e petitioner that in terms of the order of appointment dated 16th October, 2004, though his engagement is to be terminated only on reversion of Md. Ancharul Haq ue, who was promoted to the post of UDA from the post of LDA on officiating basi s, the Divisional Forest Officer, by the order impugned has terminated the servi ces of the petitioner not on the ground that Md. Ancharul Haque has been reverte d to the post of LDA but to accommodate the respondent No.7 as LDA on ad-hoc bas is. It has further been submitted that since the authority concerned has accept ed the request of the petitioner for appointment on compassionate ground, even i f he cannot be accommodated in the post in question, he ought to have been accom modated in other suitable post on the basis of his qualification. Mr. Goswami, learned Senior Counsel appearing for the re spondent Nos.2 to 6, on the other hand, has submitted that it appears from the o rder impugned that the petitioner’s service has been terminated as his officiati ng appointment has not been regularized. Mr. Goswami, therefore, submits that n o wrong has been committed by the Divisional Forest Officer in releasing the pet itioner from service with effect from 16th August, 2005. Mr. Ghosh, learned State Counsel appearing for the respo ndent No.1 submits that the Government of Assam as such has nothing to do with t he appointment made by the Autonomous Council. The respondent No.7 has not entered appearance despite s ervice. It appears that the proposal for appointment of the peti tioner on compassionate ground has been approved by the Deputy Secretary, in-Cha rge of Forest of the Council and the Conservator of Forest was accordingly infor med about the same vide communication dated 14th September, 2004. The petitione r was, thereafter, appointed as LDA on officiating basis vide order dated 16th O ctober, 2004 passed by the Conservator of Forest, with a condition that such app ointment shall stands automatically terminated on reversion of Md. Ancharul Haqu e, who was promoted to the post of UDA on officiating basis. The impugned order passed by the Divisional Forest Officer dated 16th August, 2005 reveals that th e petitioner has been terminated from service purportedly on the ground of non r egularization of service though he was appointed on compassionate ground with th e condition, as mentioned above. The Divisional Forest Officer, however, by the said order also appointed the respondent No.7 on ad-hoc basis against the post in which the petitioner was appointed on compassionate ground vide order dated 1 6th October, 2004. According to the petitioner, the same has been done only wit h a view to accommodate the respondent No.7, which position has not been dispute d by the respondents by filing any affidavit. As noticed above, the respondent No.7 has chosen not to contest the present proceeding. The impugned order dated 16th August, 2005 reveals that the petitioner has been terminated from his service only with a view to accommod ate the respondent No.7, as, while the petitioner’s service has been terminated on the ground of non regularization of service, the respondent No.7 has been app ointed on ad-hoc basis, without, however, considering that the petitioner was ap pointed on compassionate ground subject to the conditions attached to the appoin tment order dated 16th October, 2004. That being the position, the impugned order dated 16th A ugust, 2005 passed by the Divisional Forest Officer, Karbi Anglong, East Divisio n is set aside. The writ petition is accordingly allowed as indicated ab ove. No cost.