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, pe