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C. R. DASH, ANIRUDDHA ROY
Gurupada Das – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Chitta Ranjan Dash, J. - In this Appeal Judgment dated 18.05.2022 passed by the Hon'ble Single Judge in WPA No. 2774 of 2022 dismissing the Writ Petition filed by the present appellant is impugned.
2. Rasbihari Das who was a fair price shop dealer ('FPS dealer' for short) under the control of Sub-Divisional Controller, Food & Supplies ('SDC,F&S' for short), Contai died on 08.10.2019 leaving behind his sons named Gurupada Das (present Appellant), Haripada Das (present Respondent No. 6) and Kalipada Das including two married daughters named Lakshmipriya Das @ Jana and Sresweti Das @ Payra (since deceased). After the death of aforesaid Rasbihari Das, present Appellant being the son of late Rasbihari Das filed required application on 31.12.2019 in Form C of the West Bengal Public Distribution System (Maintenance and Control) Order 2013 ('2013 Control Order' for short) along with the Annexure-I thereto with requisite fees etc. Subsequently, on 19.01.2021, the Appellant filed 'No Objection' Affidavit from all the legal heirs of his late sister Sreswati Das @ Payra who had expired on 15.08.2020.
The present Appellant claimed that his late father Rasbihari Das during his life time ha
The right of eligible family members to seek engagement on compassionate grounds accrues only upon the death of the licensee, and the vacancy for the license arises at that point.
The main legal point established in the judgment is that the definition of 'family members' in the Control Order, 2013 should be inclusive of the dependents of bachelors/spinsters, especially sibling....
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