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ASHUTOSH KUMAR, JITENDRA KUMAR
Prabhu Singh – Appellant
Versus
State of Bihar – Respondent
ASHUTOSH KUMAR, J.:–Heard Ms. Sushmita Mishra, learned Advocate for the petitioner and Mr. Alok Ranjan, for the State.
2. The sole question raised in the present writ petition is whether for compassionate grant of licence to the petitioner, his qualification is required to be seen.
3. Clause-X of the Bihar Targeted Public Distribution System (Control) Order, 2016 specifies that in case of death of a fair price shop licensee under the age of 58 years, his shop may be allotted in order of priority to his/her wife/husband, son, unmarried daughter, daughter-in-law and widow of his son. If there are, out of these, more than one dependent, all the others are required to forsake their claim in favour of one through an affidavit. The application for being considered for compassionate grant of licence has to be made within two years from the date of death of the licensee by his dependent.
4. What is important to note in the aforesaid clause is that if licence is granted, such a fair price shop licence shall be treated as a new licence and it shall be permissible for further compassionate ground licence but if any member of the family of the deceased/licensee is a Government servant or holds a
The definition of 'family' for compassionate appointment under the Government Order does not include grandsons, and the government's policy in this regard is reasonable and lawful.
A grandson, though not specifically included in the definition of "family member" under Clause 2(m) of the WBPDS Control Order, 2013, can be considered as a "family member" for the purpose of compass....
The main legal point established in the judgment is the retrospective effect of an amendment to the 2013 Control Order, broadening the definition of 'family' for compassionate engagement, and the req....
The court established that proper assessment of dependency and employment status is crucial in determining eligibility for compassionate appointments under the relevant regulations.
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