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IN THE HIGH COURT AT CALCUTTA
SMITA DAS DE
Kalpana Maji and Others in Place of Swadesh Ranjan Maji (Since Deceased) – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SMITA DAS DE, J.
1. The instant application CAN 2 of 2025 has been filed by the applicant, being the wife of the deceased original licensee of a Fair Price Shop (FPS) distributor, challenging inter alia, the order dated April 24, 2025 rejecting her application for grant of license on compassionate appointment. The rejection is premised on the ground that the writ petition filed by the deceased licensee challenging the termination of his FPS license is still pending.
2. Apropo the facts of the case is that the original licence holder (since deceased) had been running a Fair Price Shop Dealership at village and Post Office–Panna, Police Station-Ghatal, District–Paschim Medinipur, by virtue of a license under West Bengal Public Distribution System (Maintenance and Control) Order, 2013(in short “2013 Order”) issued by the Sub-Divisional Controller, Food and Supplies, Ghatal, Paschim Medinipur(hereinafter referred to as “SCFS”).
3. On February 8, 2023 a show cause notice had been issued to the original licence holder by the SCFS, alleging certain irregularities detected during the enquiry and scrutiny of document regarding issuance of ration cards.
4. On March 24, 2023 an order of
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 judgment established the mandatory nature of the provisions in Clause 20 (vi) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, and emphasized the need for stri....
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