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 compassionate appointment, if he satisfies the other conditions prescribed under Clause 20(vi) of the Order.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. This instant writ petition is filed by one Md. Arob, the grandson of one deceased Murteza Bibi, who was the owner of a Fair Price Shop dealership, praying for a declaration, considering him as entitled to be recognized within the definition of “family member” under West Bengal Public Distribution System (Maintenance and Control) Order, 2013 and subsequently, issue a writ of Mandamus commanding the respondent authorities and each of them to grant M.R. Dealership licence on compassionate ground in favour of the petitioner.

2. Murteza Bibi was running a fair price shop dealership at Block -Rampurhat-II, Village Shilgram, P.O. Chandpara, P.S. Margram, Birbhum, Pin -731241 by virtue of a licence issued under the West Bengal Public Distribution System (Maintenance and Control) Order,2013 (hereinafter referred to as the "2013 Order"). Murteza Bibi had four daughters and one son and all four daughters were married and were residing at their respective matrimonial homes whereas the son was living with his wife and children along with his mother in the same house and the said fair price shop was the only source of livelihood for the whole family. The said son, Nura Ala, died during the lifetime of his mother Murteza Bibi, on 02.11.2003, leaving behind his widow, one daughter and two sons. However, his widow remarried leaving the daughter and sons with their grandmother.

3. Since Murteza Bibi's only son died, she brought up the eldest grandson, the writ petitioner, as her adopted son and the petitioner also remained with Murteza Bibi as her adopted son. Murteza Bibi continued to survive with the children of her predeceased son through the income derived from the said dealership and married off her granddaughter. In the course of time, the petitioner, who all along resided with Murteza Bibi, started to assist in the functioning of the dealership being the only source of livelihood for the family. Murteza Bibi died on 03.05.2022, leaving behind the petitioner and his younger brother as her survivors and her other legal heirs, being four married daughters and one married granddaughter.

4. After the demise of Murteza Bibi the petitioner, who was living in the same mess, performed all the rituals of the deceased as her adopted son and subsequently made an application to the licensing authority on 06.06.2022 in the prescribed format.The petitioner obtained no-objection certificates from all the legal heirs of Late Murteza Bibi including his married sister and younger brother and also from his biological mother, who remarried leaving her children with Murteza Bibi and submitted the same with his application before the licensing authority for grant of the dealership on compassionate ground in his favour. Since the application of the petitioner was not considered by the licensing authority, the petitioner moved a writ petition, being WPA No. 8088 of 2022 but because of some incurable defects, prayer for its withdrawal with liberty to file afresh was made and this Hon'ble Court, by an order dated 12.12.2022, allowed the same.

5. The petitioner argues that being the son of the pre-deceased son of the deceased licensee, he was brought up by the licensee as her adopted son with all love and affection and was all along living in the same mess and dependent on the income of the said dealership and was a family member in true perspective. Since the petitioner's application for appointment on compassionate ground was kept pending by the SCFS, the petitioner on 21.03.2023, made a representation through his Learned Advocate before the Secretary, who is the ultimate authority, requesting him to look into the petitioner's matter compassionately, who being the son of a pre-deceased son, was living in the same mess and was totally dependent on the income of the said dealership but the said representation has been kept pending by the Secretary, Food and Supply Department, Government of West Bengal, the respondent no.2.

6. The petition