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2015 Supreme(Cal) 682

SUBRATA TALUKDAR
Arbind Gupta – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Debobrata Saha Roy, Mr. Pingal Bhattacharya, Mr. Chandrachur Chatterjee
For the State : Mr. Sushovan Sengupta, Mr. Sirsanya Bandopadhyay

JUDGMENT :

Subrata Talukdar, J.

The short question which this Court is required to answer in this writ petition is the validity of the order impugned dated 20th April, 2015 passed by the Director of Rationing, Government of West Bengal (for short DOR) rejecting the prayer of the petitioner for appointment to the Fair Price Shop (for short FPS) dealership of his late aunt, one Smt. Saraswati Gupta. The DOR came to the conclusion that under the relevant provisions of the West Bengal Public Distribution System (Maintenance and Control Order), 2013 (for short the 2013 Control Order), the petitioner, being a nephew is not a family member of his late aunt since, under Clause 2(n) of the 2013 Control Order a family member means a spouse, dependant sons and daughters.

2. The DOR therefore proceeded to process the claim of the writ petitioner under the 2013 Control Order and found that the petitioner does not have a vested right to claim compassionate appointment more so, when the first representation of the petitioner immediately on the death of his aunt on 21st June, 2013 was not a representation to claim the appointment but, was only an intimation of the death of the original dealer.

3. Sri











































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