IMPORTANT POINT
The court established that proper assessment of dependency and employment status is crucial in determining eligibility for compassionate appointments under the relevant regulations.

JUDGMENT :

(Subhendu Samanta, J.) :

1. One Satish Chadra Das was fare price shop dealer under Sub-division Khatra, Bankura. He expired on 18.03.2017 living behind one daughter and four sons. Present petitioner and respondent Nos. 7, 8 and 9 are the sons, respondent No. 10 is the daughter.

2. After the demise of Satish Chadra Das, both the petitioner and respondent No. 7 submitted separate applications before the authority for getting the license on compassionate ground. Their prayers were turned down by the concern authority and they separately approached this court in several writ petitions. Different directions were passed by this court in the writ petitions to hear out the parties and to pass a reason order. Both the petitioners and the respondent No. 7 were also aggrieved with the orders of Learned Single Judge, and preferred appeal before the Division Bench. Ultimately the Division Bench of this court has heard both the appeals filed by the petitioners and respondent No. 7 and directed the concern authority as follows:--

9. From the facts narrated (Supra) it is clear that two brothers have filed applications for appointment as Fair Price Shop dealer on compassionate ground. Appointment on compassionate ground can be given to one, if said one is found to be eligible in all respect. So far as the requirement of filing of No Objection Certificate' is concerned it has been held in the case of Gurupada Das vs. State of West Bengal & Ors. (MAT 842 of 2022 disposed of on 05.08.2022) that No Objection Certificate' by an applicant is required to be given from a dependant family members and if any such family member was living independent from the ex-dealer, no no-objection from him need be

10. From the materials on records and submissions advanced by learned Counsel for the parties it is clear that the present case is fully covered by the judgment passed in Gurupada Das (Supra). Accordingly both the appeals are disposed of directing the SCFS, Khatra to process the application of the appellant and private respondent, Shib Sankar Das in the light of the observation made in Paragraph 20 of the judgment in the case of Gurupada Das (Supra).

11. Before parting with the order we make it clear that there is no need of coming to a composition by the intending parties. The SCFS on enquiry shall recommend issuance of licence in favour of the person who is found to be suitable, taking into consideration the rival claims of both the appellant and the private respondent, Shib Sankar Das into consideration.

3. In pursuance to the direction of this court the respondent authority has passed an impugned order on 29th May 2023 thereby the private respondent No. 7 is found eligible and was recommended for the license on compassionate ground.

4. Being aggrieved by the said impugned order the instant writ petition was preferred.

5. Mr. Ashok Kumar Banerjee, Learned Senior Counsel, submits that the impugned order passed by the State respondent is arbitrary, one sided and not according to the direction of the Division Bench.

6. Mr. Banerjee further submits that after the demise of Satish Chandra Das, there were family settlement between the legal heirs by such family settlement it was settled that the present petitioner would have applied for FPS license and the other business of their father would be looked after by private respondent No. 7.

7. Mr. Banerjee further submits that the respondent No. 7 has not only influenced the concern State authority as well as the person namely Nalini Kanta Mahato being a MR Dealer, with whom the business of Let Satish Chandra Das was tagged. It is the submission of the writ petitioner that the private respondent No. 7 is actually running the business of his father with the help of the Nalinikanta Mahato and State authority. There are some local agitation for not supplying the food grins properly wherein the local people has informed the authority regarding illegal running FPS shop of Dhadanga at the instance of respondent