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SUBHASH VIDYARTHI
Vivek Kumar Pandey – Appellant
Versus
State Of Uttar Pradesh Thru. Secy. Food And Civil Supplies, Lko. – Respondent
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 petition
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Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.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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