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Judgment
Heard learned counsel for the parties.
The matter pertains to appointment of the petitioner under the die-in-harness scheme. The petitioner's husband was serving as a Grade-IV employee in Borjhara High School under the Inspector of Schools, Goalpara who died while in service on 21.10.2012. Thereafter, the petitioner applied for the post of Grade-IV under the scheme on 27.12.2012, which was duly considered by the District Level Committee (DLC), Goalpara in its meeting held on 30.01.2014 by recommending the appointment of the petitioner in Grade-IV post along with others. However, when the matter was placed before the State Level Committee (SLC), the SLC in its meeting held on 26.08.2014 rejected the application of the petitioner on the ground of non availability of vacancy.
The learned State Counsel submits that the rejection cannot be faulted as there was no adequate vacancy available for appointment under the scheme. However, nothing has been mentioned in the affidavit-in-opposition filed by the respondents as to whether the authorities had examined the availability of vacancy in any other department or not, as required to be done in view of the OM.No.ABP.50/2006/Pt/182 dated 01.06.2015.
In the OM.No.ABP.50/2006/Pt/182 dated 01.06.2015 under Para No.15, it has been clearly provided that if the appointment under die-in-harness scheme cannot be made because of lack of vacancy in a Department, the authorities may also examine the existence of vacancies in other Departments. Para-15 of the aforesaid OM reads as follows:
"If sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open to the Administrative Department/ Office to take up the matter with other Department/Offices of the Government to provide at an early appointment on compassionate ground to those in the waiting list."
Accordingly, the present petition is disposed of with the direction to the respondent authorities to consider the case of the petitioner for appointment under the scheme by examining the availability of vacancy in any other Department as provided under Para-15 of the OM dated 01.06.2015.
This exercise shall be done by the respondent authorities in its next SLC meeting or within a period of 3 (three) months from the date of the receipt of a certified copy of this order, whichever is earlier and thereafter, the authority will intimate the decision to the petitioner by issuing a speaking order in this regard.