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JAY SENGUPTA
Chandra Prova Puglia – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Jay Sengupta, J.:
1. This is an application under Article 226 of the Constitution of India, thereby directing the respondent authorities to quash, set aside and withdraw the vacancy notification vide Memo No. 2876-FMR/13L-36/14 (ptv) dated 01.09.2022 issued by the Director, DDP & S, Food and Supplies Department, Government of West Bengal.
2. Learned counsel for the petitioner submitted as follows. The petitioner’s father, namely Mal Chand Chhjer (since deceased) had been engaged as M.R. Distributor under Sainthia Municipality in the District of Birbhum. In the last few years the petitioner had assisted her ailing, aged father to run the said distributorship business. The petitioner made an application for transferring his father’s Distributorship License in her favour on medical ground, enclosing therewith NOC from the other legal heirs and a representation of his father expressing his willingness to transfer the licence. After enquiry and on completion of formalities, the entire file had been forwarded to the Directorate, DDP & S by the District Authorities with strong recommendation. But, the application was kept pending for about 5 years by the Directorate. As per direct
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....
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.
Strict compliance with statutory application procedures for compassionate appointments is essential, and delays cannot be condoned without express statutory authority.
The rejection of applications for distributorship based on criteria not included in the statutory framework is ultra vires and violates principles of natural justice.
The court established that the conditions added in the new vacancy notice were ultra vires and violated the principles of natural justice.
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