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JAY SENGUPTA
Debashis Bhattacharjee – Appellant
Versus
State of West Bengal – Respondent
Headnote: Read headnote
JUDGMENT :
(Jay Sengupta, J.) :
1. This is an application under Article 226 of the Constitution of India, inter alia, praying for direction that the definition Clause 2(m) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, as amended vide notification date 14.12.2020, was ultra vires Articles 14, 19(1) (g) and 21 of the Constitution of India, to include nephew in the definition and to cancel and withdraw the order dated 03.08.2022 issued by the Director of Rationing, West Bengal.
2. Mr. Saha Roy, Learned counsel for the petitioner, submitted as follows. The father’s brother (uncle) of the petitioner namely, Rama Prasad Bhattacharjee, (since deceased) was a fair price shop dealer. The petitioner’s father died long back. Rama Prasad Bhattacharjee was a bachelor and had been residing with the family of the petitioner’s father (since deceased) and the entire joint family was fully dependent upon the income of the said dealership business. He died on 17.12.2020. After his death, there was
A grandson, though not specifically included in the definition of "family member" under Clause 2(m) of the WBPDS Control Order, 2013, can be considered as a "family member" for the purpose of compass....
The main legal point established in the judgment is the retrospective effect of an amendment to the 2013 Control Order, broadening the definition of 'family' for compassionate engagement, and the req....
The definition of 'family' for compassionate appointment under the Government Order does not include grandsons, and the government's policy in this regard is reasonable and lawful.
The State Control Order, 2013 remains effective and is not rendered redundant by the NFSA, 2013 or TPDS Control Order, 2015 until full implementation of the NFSA is established.
The court emphasized that the appellants had no legal right to challenge the State's policy decision, as it was taken at the top level of the administrative hierarchy and implemented through the subs....
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