IMPORTANT POINT
The court upheld that temporary appointments do not guarantee permanent positions, especially when eligibility criteria are not met.

ORDER :

1. Since both these writ petitions arise out of the common issue and the petitioner is one and the same they are being disposed of by this common order.

2. Heard Sri Botla Venkateswara Rao, learned Counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies for the official respondent and Ms. Devara Samhitha, learned Counsel for the respondent No. 4 in W.P. No. 17946 of 2023.

3. W.P. No. 28311 of 2021 is filed seeking to declare the Notification bearing Rc. No. C/480/2021 dated 25.10.2021 issued by the respondent No. 2 calling for the applications for appointment of Fair Price Shop Dealer of Shop No. 2287001 situated at Sathupalli Village, Sathupalli Mandal, Khammam District without following the reservation policy as provided under law and without considering the applications dated 13.09.2021 and 01.11.2021 of the petitioner for continuing her as Fair Price Shop Dealer of the said shop as illegal and arbitrary.

4. This Court passed interim orders dated 12.11.2024 in W.P. No. 28311 of 2021 and directed the respondents to dispose of the representations filed by the petitioner dated 13.09.2021 and 01.11.2021.

5. Thereafter, the petitioner filed W.P. No. 17946 of 2023 questioning the appointment of the respondent No. 4 as Fair Price Shop Dealer of Shop No. 2287001 (old shop No. 17001 of Ayyagaripeta Village), situated at Sathupalli Village, Sathupalli Mandal, Khammam District issued in Rc. No. C/480/2021 dated 20.05.2023 issued by the respondent No. 2.

6. Learned Counsel for the petitioner submits that the petitioner was appointed as Fair Price Shop Dealer temporarily on 08.03.2011 for the shop No. 17001 situated at Ayyagaripeta Village, Sathupalli Mandal and the same was renumbered as F.P. Shop No. 2287001, which is reserved for women in open category and discharging her duties without any complaint. While so, pursuant to the notification dated 27.08.2021 issued by the respondent No. 2, the petitioner made a representation dated 13.09.2021 to the respondent No. 2 along with the required documents to allot the said shop to her. When the said notification was challenged, this Court has set aside the same directing the respondents to issue fresh notification. Thereafter, the respondent No. 2 has issued the impugned notification dated 25.10.2021 and again the petitioner made a representation dated 01.11.2021 to the respondent No. 2. Learned counsel submits that without considering the said representations of the petitioner, the respondent No. 2 has appointed the respondent No. 4 in W.P. No. 17946 of 2023 as temporary fair price shop dealer for the said shop, which is illegal and arbitrary and requested to allow both the writ petitions.

7. Learned Government Pleader for Civil Supplies submits that the appointment of Self Help Groups are purely temporary basis but not to the individuals and as the petitioner was appointed as Fair Price Shop Dealer on temporary basis, she is not entitled to claim any regular appointment. There is no provision or guidelines from the Government for appointment of self help group on permanent basis as Fair Price Shop Dealers. The Government has issued guidelines vide G.O.Ms. No. 20, Consumer Affairs, Food and Civil Supplies (CS.I-CSS) Department, dated 06.09.2018 to fill up the vacancies of fair price shop dealers in the State on regular basis subject to fulfillment or eligibility criteria and preference was given to the women groups in appointment of Fair Price Shop Dealers, but not issued any direction to continue the self help groups appointed temporarily as permanent dealers.

8. Learned Government Pleader further submits that the Commissioner has issued proceedings dated 04.09.2021 directing the appointing authorities to notify all vacancies by following roaster of reservations and thereupon notification was issued following the guidelines in G.O.Ms. No. 20, Consumer Affairs, Food and Civil Supplies (CS.I-CSS) Department, dated 06.09.2018. In this regard, the representations of