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2020 Supreme(Cal) 558
IN THE HIGH COURT OF CALCUTTA
Shekhar B Saraf, J.
Kallol Mukherjee - Appellant
Versus
State Of West Bengal & Ors. - Respondent
Writ Petition No. 515 of 2020; C A N No. 3809 of 2020
Decided On : 14-08-2020
R.A. Agarwala, Advocate, Nibedita Pal, Advocate, R. Dhara, Advocate, A.G. Mukherjee, Advocate, Susovan Sengupta, Advocate, Subir Pal, Advocate
The court emphasized the need for fair treatment and non-arbitrary decision-making in the process of compassionate appointment under the public distribution system.
Headnote:
Compassionate Appointment - Public Distribution System - West Bengal Urban Public Distribution System (Maintenance and Control) Order, 2013 - 16(c)
Fact of the Case:
The petitioner's father was a ration dealer under the West Bengal Rationing Order, 1964 and the 2003 Order. After his demise, the petitioner applied for compassionate appointment under the 2013 Order. The authorities rejected the application citing a delay of 49 days.
Finding of the Court:
The court found that the rejection of the petitioner's application was arbitrary and displayed a non-application of mind by the authorities. The court set aside the impugned order and directed the petitioner to be granted the appointment on compassionate grounds within 60 days.
Issues: The main issue was the interpretation of clause 16(c) of the 2013 Order regarding the time limit for making an application for compassionate appointment.
Ratio Decidendi: The court interpreted the legislative intent behind clause 16(c) and emphasized that the time limit was to prevent undue delay and ensure expeditious consideration of claims on compassionate grounds.
Final Decision: The court set aside the impugned order, directed the petitioner to be granted the appointment on compassionate grounds, and quashed any declaration of vacancy against the dealership based on the impugned order.
JUDGMENT
Shekhar B. Saraf, J. - As far as this writ petition no. 515 (W) of 2020 is concerned, I had the opportunity to extensively hear the matter on February 6, February 27 and March 12 of this year. In spite of the matter being posted for March 19, 2020, a period of lull ensued owing to the disruption caused by the novel coronavirus pandemic and the lockdown that was imposed nationwide on March 24, 2020. In the meanwhile, the State respondents proceeded to take precipitous action against the petitioner, in this case, which compelled the petitioner to file CAN 3809 of 2020 seeking urgent hearing for immediate relief. Having concluded the hearing in the matter on July 9, 2020, I now proceed to dispose of this writ petition together with CAN 3809 of 2020 by this common judgment and order.
2. The facts of this case, in so far as they are material to this writ petition, is circumscribed within a narrow compass and is encapsulated as follows:
a) The late father of the petitioner was appointed as a ration dealer so being Fair Shop No. 40/BDY by the pertinent authority roughly five decades ago under the then West Bengal Rationing Order, 1964 and the said dealership has been in operation since then, functioning from the premises at 146/148, G.T. Road, Sheoraphuly, Hooghly, (JL- 6, Mouza- Sheoraphuly). After the promulgation of the West Bengal Urban Public Distribution System (Maintenance and Control) Order, 2003 (hereinafter referred to as "2003 Order"), the deceased father had also obtained the requisite license under the self-same 2003 Order, being renewed from time to time.
b) However, the State superseded the 2003 Order by the West Bengal Urban Public Distribution System (Maintenance and Control) Order, 2013 (hereinafter referred to as "2013 Order"), and accordingly, the petitioner''s father secured a license thereunder on January 28, 2014 with a validity up until December 31, 2014. The petitioner''s father however, passed intestate on August 25, 2014. On the same day, the Rationing Officer, Baidyabati (hereinafter referred to as "Respondent No. 3") was informed of such a demise and another FPS dealer was deputed to serve the rationees in furtherance of continuity of service in the public distribution system.
c) Immediately thereafter, on August 26, 2014, the petitioner made an application before the Respondent No. 3, praying for the grant of compassionate appointment apropos of the ration dealership under the license issued in favour of his deceased father and seeking information on any additional formalities that would be required to be complied with.
d) It is the averment of the petitioner that based upon instructions issued by the Respondent No. 3, the petitioner made an application on October 13, 2014 before the Respondent No. 2, The Director of Rationing, Food and Supplies Department, Government of West Bengal, praying yet again, for the grant of ration dealership under the license issued in favour of his deceased father, solely on compassionate grounds. The petitioner also enclosed the mandated documents coupled with the original T.R. form 7 of INR 1,000/- in furtherance of compliance with the statutory application fees.
e) Eliciting no response from the Respondent No. 2, upon the instructions of Respondent No. 3, the petitioner once again submitted all mandated documents with the additional copy of the license of the petitioner''s deceased father on January 13, 2015. Thereafter, the petitioner avers several representations were made to seek information on the fate of his application but was met with the mundane and repetitive assurance that his application was under consideration by the State respondents, and subject to such approval, a new license would be issued in his favour.
f) Despite these assurances, the petitioner received a bolt out of the blue five years later, when to his utter surprise on December 10, 2019, he was served with an order no. 121/DR/SSLC dated September 30, 2019 by the Respondent No. 2, which reje
