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JAY SENGUPTA
Sanjib Sinha – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Jay Sengupta, J.
1. W.P.A. 25434 of 2022 is an application under Article 226 of the Constitution of India, inter alia, praying for a declaration that the definition clause 2 (m) of the West Bengal Public Distribution System (Maintenance and control) Order 2013, as amended vide notification dated 14.12.2020, was ultra vires Articles 14, 19 (1) (g) and 21 of the Constitution of India, to include nephew in this definition of clause 2 (m) of the said Control Order and to cancel and withdraw the memo bearing e-File No: DDDPS – 32013 (II)/298/2022-MBD SEC-DDPS issued by the Director, DDP & S and the memo bearing No: 1209/1(2)/FMR/13L-35/M PART dated 06.04.2022 issued by the Deputy director (License), Directorate of DDP & S. Whereas, W.P.A. 5352 of 2022 was filed earlier by the petitioner seeking appropriate reliefs. But, during pendency of it, the respondent authorities rejected the prayer of the petitioner vide memo dated 06.04.2022. The two applications were, therefore, taken up for hearing together. A decision in W.P.A. 25434 of 2022 would finally govern the earlier W.P.A. 5352 of 2022.
2. Learned counsel for the State submitted as follows. The father’s brother (uncle) of the
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....
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 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 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.
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