JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Shri DP Chaliha, learned Senior Counsel assisted by Ms. M Roy, learned counsel for the petitioner. Also heard Shri D Bora, learned State Counsel, Assam as well as Shri R Dhar, learned Standing Counsel, Public Works Department, Assam.

2. The claim pertains to an appointment on compassionate ground.

3. The facts projected are that the husband of the petitioner, Mintu Hazarika, who was an employee in the office of the Executive Engineer, Public works Department, Kaliabor Rural Road Division, had died-in-harness on 28.05.2016. The petitioner had made an application for appointment in a Grade-III, LDA post on compassionate ground which was forwarded by the Executive Engineer, PWD, Kaliabor Rural Road Division to the Addl. Deputy Commissioner, Personnel, Nagaon vide letter dated 22.09.2016.

4. It is the case of the petitioner that in the District Level Committee (DLC) meeting held on 14.12.2016, the name of the petitioner was recommended for a Grade-III post. However, the State Level Committee (SLC) in its meeting held on 31.12.2018 rejected the case of the petitioner on of availability of vacancy under the 5% quota.

5. Shri Chaliha, learned Senior Co