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IN THE HIGH COURT AT CALCUTTA
AMRITA SINHA, J.
Smt. Durga Das – Appellant
Versus
State of West Bengal & Ors. – Respondents
WPA No. 11518 of 2021
Decided on : 02-09-2021
Compassionate Ground - Fair Price Shop License - Control Order, 2013 - [Engagement on compassionate ground as per Control Order, 2013] - [Clause 2(m) of the Control Order, 2013] - [The court set aside the rejection of the petitioner's prayer for engaging her as a dealer on compassionate ground, directing the authorities to revisit the definition of 'family members' to include the dependents of bachelors/spinsters, especially siblings, for availing the benefit of engagement on compassionate ground.]
Fact of the Case:
The petitioner, an unmarried sister, sought a Fair Price Shop dealership license on compassionate ground after the death of her brother, who was the previous licensee. The Director of Rationing rejected her application, citing that she did not fall within the definition of 'family members' as per the Control Order, 2013.
Finding of the Court:
The court found that the petitioner's case for engagement on compassionate ground was valid, as the definition of 'family members' in the Control Order, 2013 excluded the dependents of bachelors/spinsters, especially siblings, from consideration. The court set aside the rejection and directed the authorities to revisit the definition to include such dependents.
Issues: The main issue was the interpretation of the term 'family members' in the Control Order, 2013 and whether the petitioner, as an unmarried sister, could be considered for engagement on compassionate ground.
Ratio Decidendi: The court held that the exclusion of dependents of bachelors/spinsters, especially siblings, from the definition of 'family members' was arbitrary and not in line with the objective of the scheme for engagement on compassionate ground. The court directed the authorities to include such dependents in the definition.
Final Decision: The court set aside the rejection of the petitioner's prayer for engaging her as a dealer on compassionate ground and directed the authorities to revisit the definition of 'family members' to include the dependents of bachelors/spinsters, especially siblings, for availing the benefit of engagement on compassionate ground.
JUDGMENT :
Amrita Sinha, J.
1. The order dated 5th July, 2021 issued by the Director of Rationing, West Bengal rejecting the prayer of the petitioner for engaging her as dealer on compassionate ground is under challenge in the instant writ petition.
2. The rejection was on the ground that the petitioner being the sister of the deceased dealer does not fall within the purview of the definition ‘family members’.
3. The brief facts of the case are as follow:
4. The father of the petitioner was a licensee in respect of a Fair Price Shop previously known as AR Shop. License was issued to her father in the year 1951. After the demise of her father the license was issued in favour of her mother, that is, in favour of the widow of the licensee in 1971. Due to the advanced age of her mother an application was made for transferring the license in favour of her brother, that is, the son of the licensee. License was issued in favour of the brother of the petitioner on 15th February, 2005 and since then the brother of the petitioner continued with the family business. The brother of the petitioner, that is, the licensee was a bachelor. He was a victim of Covid-19 and died on 1st October, 2020 leaving behind three unmarried sisters including the petitioner, two married sisters and one unmarried brother as his heirs and legal representatives.
5. Presently the immediate family members of the petitioner comprise of three unmarried sisters including the petitioner and one unmarried brother. The entire family was dependent upon the income from the Fair Price Shop which was run by her brother till his death. The petitioner has averred in the writ petition that apart from the Fair Price Shop there is no other source of income of the family.
6. To save the family from the financial crisis faced on account of death of her brother, the petitioner, on 15th October, 2020, made an application before the Director of Rationing for grant of Fair Price Shop dealership license in her favour on compassionate ground. The said application was made within the stipulated period as prescribed under the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 as amended, hereinafter referred to as the ‘Control Order, 2013’ for the sake of brevity. The application was forwarded along with all the necessary documents in the prescribed form and the application fees. All the other legal heirs of the deceased licensee issued No Objection Certificate in favour of the petitioner.
7. The prayer of the petitioner was rejected by the Director of Rationing by passing the impugned order on 5th July, 2021. The petitioner is aggrieved by the same.
8. According to the petitioner, there is a provision in the Control Order for grant of license on compassionate ground. As the petitioner is the unmarried sister and dependent family member of the deceased licensee, accordingly the license ought to be granted in her favour to save the family from starvation.
9. The petitioner relies upon the Control Order, 2013 which was published in the Kolkata Gazette Extraordinary on 8th August, 2013. Provision for engagement on compassionate ground as mentioned in the said Control Order reads as follows:
10. In case of vacancy arising out of death of an existing dealer, such vacancy shall not initially be notified. Prayer of any of the family members of the deceased having no regular means of subsistence will be considered with preference on compassionate ground provided, such prayer along with formal application in form ‘C’ along with Annexure-I with requisite fee is submitted within sixty days from the occurrence of such vacancy.
11. ‘Family members’ as per the Clause 2(m) of the Control Order 2013 means spouse, dependent parents, dependent sons and daughters for the purpose of considering engagement as dealers/distributors on compassionate ground.
12. As the petitioner happens to be the unmarried sister of the deceased licensee her prayer for being engaged on compassionate ground has been
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.
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....
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
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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