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 strict adherence to the scheme for compassionate appointment, while also considering the interpretation of time limits for compassionate appointment.

JUDGMENT

Krishna Rao, J. - The writ petition is directed against the order passed by Sub-Divisional Controller (F & S), Midnapur Sadar dt. 12.05.2015 wherein the request of the petitioner for grant of FPS license on compassionate ground is rejected.

The grandfather of the petitioner, Dulal Chandra Modal was the dealer of the ration shop at Sipoy Bazar, Midnapore, Kotwali, Paschim Medinipore. after the death of the grandfather of the petitioner, the license was transferred in the name of his son ashoke Kumar Mondal who was the father of the petitioner. The father of the petitioner died on 11.12.2014. The death of the father of the petitioner was duly reported to the Sub-Divisional Controller (F & S) on 12.12.2014. after the death of the father of the petitioner, the ration card of the shop of the father of the petitioner was tagged with the nearby M.R. dealer. On 08.05.2015, the petitioner had made an application to the respondent authorities for grant of the FPS license on compassionate ground on account of the death of his father. By a communication dt. 12.05.2015, the Sub-Divisional Controller (F & S) had informed the petitioner that the request of the petitioner is rejected on the ground that the petitioner has not submitted the application within stipulated period according to the provisions of Clause 20 (vi) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013. Inspite of rejection of the request of the petitioner, the petitioner had again made a representation for issuance of license of FPS dealer on compassionate ground on account of the death of his father but the same was also rejected on the ground of delay.

The Counsel for the petitioner relied upon the judgment passed by the Hon'ble Division Bench of this Court in MaT No. 1019 of 2018 (Bakul Rani Patra -Vs- State of West Bengal & Ors.) dt. 24.06.2020 and submitted that in the said case there was a delay for submitting an application for issuance of license on compassionate ground and the Hon'ble Division Bench held that eight months delay in making the application was not at all un-condonable delay and directed the respondents to consider the application for grant of dealership on compassionate ground. The Counsel for the petitioner submits that in the instant case, the father of the petitioner died on 11.12.2014 though on the very next day the petitioner has intimated the death of the father but subsequently on 08.05.2015 i.e. within five months, the petitioner had made an application for issuance of license on compassionate ground and thus the case of the petitioner is squarely applicable in the case referred above.

Per contra, the Counsel for the respondent submitted that the father of the petitioner expired on 11.12.2014 but the petitioner has submitted an application on 08.05.2014 for grant of license of M.R. dealership on compassionate ground i.e. much after the stipulated period as provided under Clause 20 (vi) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013. The Counsel for the respondent further submitted that as per the notification for engagement of dealer on compassionate ground, an application along with Form 'C' as provided in annexure I with requisite fee is to be submitted within sixty days from the date of occurrence of the vacancy but the petitioner failed to submit the same within the stipulated time.

The Counsel for the respondents further submitted that the respondent authorities have rejected the request of the petitioner in accordance with law as provided under Clause 20 (vi) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013. The Counsel for the respondent relied upon the judgment reported in (2017) 5 CHN (Cal) 4 (Faizul Karim -Vs- State of West Bengal & Ors.). The Ld. Counsel for the respondent submits that the Hon'ble Division Bench of this Court in the above case has held that the Provision of Clause 20 (vi) is mandatory in nature and as such th