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IN THE HIGH COURT OF ALLAHABAD
Subhash Vidyarthi, J.
Vivek Kumar Pandey - Petitioner
Vs.
State Of Uttar Pradesh Thru. Secy. Food And Civil Supplies, Lko. And Others - Respondent
WRIT - C No. - 3996 of 2024
Decided On : 08-05-2024
FAIR PRICE SHOP - COMPASSIONATE APPOINTMENT - GOVERNMENT ORDER DATED 05.08.2019, CONTROL ORDER 2016 - The court discussed the Government Order dated 05.08.2019, which defines the family eligible for compassionate appointment as including only certain relatives of the deceased fair price shop owner. The court interpreted the definition of 'family' under this order and the Control Order 2016, concluding that the grandson is not included. The court upheld the government's policy as reasonable and not arbitrary, influencing its decision to dismiss the petitioner's claim for a fair price shop license.
Fact of the Case:
The petitioner sought to quash an order rejecting his application for a fair price shop license on compassionate grounds following the death of his grandfather, the previous licensee. The rejection was based on the petitioner being a grandson, which is not included in the definition of family under the relevant government orders.
Finding of the Court:
The court found that the definition of family in the Government Order dated 05.08.2019 does not include grandsons. It upheld the government's policy and the legality of the order rejecting the petitioner's application.
Issues: Whether the petitioner, as a grandson of the deceased fair price shop licensee, is entitled to a license on compassionate grounds under the existing government orders.
Ratio Decidendi: The court held that the definition of family as per the Government Order and the Control Order is clear and does not include grandsons. The policy was deemed reasonable and not arbitrary, thus the court could not interfere.
Final Decision: The writ petition was dismissed as lacking merit.
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Shri Pawan Kumar Pandey, learned counsel for the petitioner, Shri S.K. Khare, learned Standing Counsel for the opposite parties no.1 to 4 and Shri Mohan Singh, learned counsel of the opposite party no.5.
2. By means of the instant petition, the petitioner is seeking quashing of an order dated 21.03.2024 passed by the opposite party no.4- Sub- Divisional Magistrate, Tehsil-Alapur, District - Ambedkar Nagar, whereby the petitioner's representation for being allotted Fair Price Shop of Village- Manapur, Semra on compassionate ground due to death of Srinath Pandey - the licensee of the shop, has been rejected on the ground that the petitioner being a grandson of the deceased licensee, is not entitled to be granted the license on compassionate ground.
3. Earlier the petitioner had filed Writ - C No.1280 of 2024 which was disposed of by means of an order dated 12.02.2024 giving liberty to the petitioner to move a representation to the opposite party no.4 and in case such a representation was made, the opposite party no.4 was directed to consider and decide the same expeditiously by passing a reasoned and speaking order.
4. While rejecting the petitioner's representation, the Sub-Divisional Magistrate, Alapur has stated in the impugned order dated 21.03.2024 that consequent to death of the fair price shop owner Shri Srinath Pandey, his fair price shop license was cancelled by means of an order dated 04.04.2023. Shri Om Prakash Pandey, son of Late Srinath Pandey, had applied for allotment of the shop a as dependent of the deceased fair price shop owner, in accordance with the Government Order dated 05.08.2019. The aforesaid Government Order provides that in case of death of a fair price shop owner, his dependent may given an application for allotment of the shop within 30 days of death of the deceased fair price shop owner, along with no objection certificate issued by other adult members of the deceased family, provided the applicant fulfills the eligibility conditions for allotment of fair price shop. The definition of family for this purpose would include the following persons:-
(ii) Husband/wife and legally adopted children;
(iii) Children fully dependent on the head of the family;
(iv) Unmarried, judicially separated and widowed daughter;
(v) Mother/Father, who are wholly dependent on the Head of the Family.
5. The eligibility conditions for allotment of a fair price shop is that the candidate must have passed at least High School or equivalent examination.
6. Shri Om Prakash Pandey son of the deceased-licensee, did not possess this eligibility qualification of having passed the High School examination and, therefore, his application could not be accepted.
7. Meanwhile, the petitioner filed Writ - C No.1665 of 2004 in this Court which was disposed of by means of the aforesaid order dated 12.02.2024 and thereafter the petitioner has applied for grant of a fair price shop license under the provisions the Government Order dated 05.08.2019, which provides for grant of fair price shop license to dependents of deceased fair price shop licensee.
8. The petitioner's application has been rejected on the ground that he is a grandson of the deceased fair price shop licensee and the grandson is not included in the definition of family given in the Government Order dated 05.08.2019. Therefore, the applicant is not entitled to be allotted a fair price shop as dependent of the deceased fair price shop licensee under provisions of the Government Order dated 05.08.2019.
9. While challenging the validity of the aforesaid order, learned counsel for the petitioner has stated that in the judgment of order dated 03.09.2020 passed by a coordinate Bench of this Court in Writ Petition No.13015 (MS) of 2020, this Court had relied upon an earlier order dated 20.07.2016 passed in Writ Petition No.2899 (MS) of 2015 (Ashok Kumar vs. State of Uttar Pradesh through Principal Secretary, Food & Rasad Department
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.
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'....
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
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....
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....
(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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