Ujjal Bhuyan, J. (Oral) - Heard Mr. I. Choudhury, learned counsel for the petitioner, Mr. J.I. Borbhuiya, learned Standing Counsel, Public Health Engineering (PHE) Department and Mr. H.K. Mahanta, learned Standing Counsel, Personnel Department.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a declaration that the Office Memorandum (OM) dated 02.03.2009 is violative of Article 14 of the Constitution of India on the ground that it excludes married daughter of a deceased Government servant from compassionate appointment and consequently seeks quashing of the same. Petitioner also seeks a direction to the respondents to appoint her on compassionate ground.

3. Facts of the case may be briefly narrated.

4. Petitioner's father Nripen Kalita was a Government servant. He served as an Upper Division Assistant (UDA) in the office of the Superintending Engineer, PHE, Tezpur Circle. Unfortunately, he died in harness on 09.02.2010.

5. Petitioner is the only child of the deceased Government servant. Because of the sudden death of the Government servant, petitioner and her mother faced severe financial hardship. To tide over such financial hardship, petitioner submitted application before the authority seeking appointment on compassionate ground. Be it stated that petitioner is a graduate and, therefore, eligible to be appointed in a grade-III post. Application of the petitioner was forwarded by the Superintending Engineer, Tezpur PHE Circle to the Deputy Commissioner, Sonitpur district vide the forwarding letter dated 15.06.2010. It is stated that case of the petitioner was considered by the District Level Committee (DLC), Sonitpur, in its meeting held on 08.09.2010 and after due consideration, DLC recommended her appointment on compassionate ground. Recommendation of the DLC was thereafter placed before the State Level Committee (SLC). In its meeting held on 16.06.2012, SLC considered the case of the petitioner and thereafter approved her appointment on compassionate ground as Junior Assistant, which is a grade-III post, in the establishment of Superintending Engineer, Tezpur PHE Circle.

6. Police verification of the petitioner was also carried out in anticipation of her appointment which was conveyed to the Superintending Engineer by the Superintendent of Police (DSB), Sonitpur, on 04.10.2012 stating that nothing adverse was found in respect of the petitioner.

7. Notwithstanding the above, appointment of the petitioner was not forthcoming. Representation submitted by the petitioner was also not responded to.

8. At this stage, petitioner approached this Court by filing WP(C) No.1721/2013, which was, however, dismissed as not pressed on 03.02.2014.

9. According to the petitioner, she was informed thereafter that as she got married in the meanwhile, she would not be entitled to the benefit of compassionate appointment in view of the OM dated 02.03.2009 which specifically mentioned that benefit of compassionate appointment would be extended only to unmarried daughter or adopted unmarried daughter of a Government servant.

10. Aggrieved, the present writ petition has been filed seeking the relief as indicated above.

11. Respondent No.4, i.e., Superintending Engineer, Tezpur PHE Circle, has filed affidavit. While claim of the petitioner to compassionate appointment has not been disputed, it is, however, stated that at the time of appointment, petitioner appeared in his office on 03.10.2012 along with her husband and disclosed that she was married. It was at that stage that respondent No.4 sought clarification from the Government whether petitioner could be appointed on compassionate ground in view of her marital status. Petitioner was thereafter informed by the Deputy Secretary of the PHE Department vide letter dated 09.04.2013 that appointment on compassionate ground could not be given to the class of people mentioned in the OM dated 02.03.2009 including married daughter of a deceased employee. Petitioner