Back
AMRITA SINHA
Gurupada Das – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Amrita Sinha, J. - The father of the petitioner was a fair price shop (FPS) dealer. During his lifetime he affirmed an affidavit on 2nd February, 2019 expressing his intention to transfer his dealership license in favour of the petitioner. A representation to the above effect was made by the father of the petitioner before the Sub-Divisional Controller on 5th February, 2019. Prior to any decision being taken in response to the application filed by the father of the petitioner, he died on 8th October, 2019.
2. After the death of his father, the petitioner applied before the Sub-Divisional Controller praying for grant of FPS dealership license in his favour in accordance with the desire expressed by his deceased father. An enquiry was conducted by the Chief Inspector (F & S) on 1st June, 2021 and a report was submitted by him on 3rd June, 2021. The petitioner was directed to attend a hearing on 25th June, 2021.
3. The Sub-Divisional Controller by a communication dated 6th January, 2022 intimated the petitioner that his prayer for engagement on compassionate ground has been rejected by the government in terms of memo dated 8th November, 2021, of the Deputy Director (License) sin
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....
The judgment established the mandatory nature of the provisions in Clause 20 (vi) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, and emphasized the need for stri....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
