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BIBEK CHAUDHURI
Md. Arob – Appellant
Versus
State of West Bengal – Respondent
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,
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 that the definition of 'family members' in the Control Order, 2013 should be inclusive of the dependents of bachelors/spinsters, especially sibling....
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 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 legislative intent to include the widow of a predeceased son as a family member for compassionate appointment and the principles of compassionate appointment based on the financial hardship faced....
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