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SHEKHAR B. SARAF
Nimai Chand Parihari – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
1. This is a petition under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved by the decision of the State Respondents which rejected the transfer of FPS and kerosene oil licenses from the petitioner no. 1 to the petitioner 2 on compassionate grounds; the primary ground of rejection being that the degree of relationship of the petitioner no. 2 is not permissible under the definition of “family members” as stated in the notification dated March 7, 2017, issued under the West Bengal Public Distribution System (Maintenance and Control) Orders of 2013.
2. The facts of this case, in so far as they are material to this writ petition, is circumscribed within a narrow compass and is encapsulated as follows:
b) While FPS and kerosene oil dealership licenses were originally granted to the petitioner no. 1, due to ailments arising out of old age, the petitioner no. 1 furnished a relev
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....
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....
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