NEERAJ TIWARI
Pushpa Devi – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Neeraj Tiwari, J.
1. Heard learned counsel for the petitioner, Sri D.K. Tiwari, learned Additional Chief Standing Counsel for the State-respondents.
2. By way of present petition, petitioner is challenging the order dated 17.06.2021 passed by respondent no. 3 contained as Annexure no. 1 to the writ petition, rejecting the application of the petitioner for allotment of fair price shop and also Government Order dated 05.08.2019 issued by the Special Secretary, Government of U.P., Lucknow contained as Annexure no. 8 to the writ petition.
3. Learned counsel for the petitioner submitted that petitioner is widowed daughter-in-law of late Mahadei Devi, who was earlier allotted fair price shop. He further submitted that husband of the petitioner namely Bablu died in a road accident leaving behind the petitioner as well as two daughters aged about 11 years and 6 years. Petitioner and her daughters are fully dependent upon late Mahadei Devi, earlier fair price shop holder, who died on 11.04.2021. Succession certificate was also issued by Gram Pradhan on 30.06.2021 mentioning therein that petitioner is legal heir of late Mahadei Devi wife of late Killu Yadav. She is Intermediate passed
U.P. Power Corporation Ltd. Vs. Smt. Urmila Devi reported as 2011(3) ADJ 432 (FB)
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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.
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
Point of law : The purpose for excluding the married daughter from the canopy of family under the Control Order of 2016 is that a fair price shop runs upon a license granted by the State agencies in ....
The court emphasized the importance of fulfilling the essential conditions for appointment as per the relevant government orders and upheld the non-discriminatory nature of the definition of 'family'....
(1) Fair Price Shop Dealership – Exclusion of a married daughter from definition of “family” cannot be sustained – Marital status cannot constitute a valid ground for denying benefit of a welfare mea....
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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