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Sharma Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.
2. Petition has been filed assailing order dated 12th January, 2022 whereby petitioner's application for allotment of fair price shop on compassionate ground has been rejected on the ground that she does not come within definition of “family” as drescribed in paragraph IV(10) of the Government Order dated 5th August, 2019 since petitioner is the daughter in law of the earlier fair price shop agreement holder.
3. Learned counsel for petitioner submits that initially petitioner's father in law namely late Shyam Lal was the fair price shop agreement holder of the fair price shop in question, who passed away on 27th November, 2021 and petitioner being his daughter in law filed the application for compassionate appointment. It is submitted that the petitioner otherwise is fully eligible to be appointed a fair price shop dealer of the shop in question. It has been further submitted that the aspect that daughter in law does not come within the preview of “family” has already been dealt with by this Court in the judgment and order dated 22nd November, 2021 pas
Point of law : The definition of 'family' includes wife or husband; sons; unmarried and widowed daughters; and if the deceased was an unmarried government servant, the brother, unmarried sister and w....
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Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.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....
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