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2018 Supreme(Online)(Cal) 40

IN THE HIGH COURT AT CALCUTTA
Abhijit Gangopadhyay, J
Binod Kumar Shaw v. State of West Bengal


Table of Content
1. application for appointment in compassionate cases post-death of dealer. (Para 1 , 2)
2. issues of the format and timeliness of application filings. (Para 3 , 4)
3. statutory requirements governing compassionate appointment applications. (Para 6 , 7 , 8)
4. judicial disagreement with the precedent regarding application validity. (Para 10 , 11)
5. need for larger bench to clarify legal standards in compassionate appointment cases. (Para 12)

1. The Court: - Challenging the order of the authority in rejecting an application for appointment of dealer on compassionate ground, the present writ petition is filed by the aggrieved petitioner. Admittedly, the father of the petitioner was the fair price shop dealer and, unfortunately, died on 8th March, 2014. Immediately upon the death of the said dealer, the vacancy arose and such vacancy is required to be filled up as the beneficiaries of the said fair price shop cannot be deprived of the subsidized foods and supply of the essential commodities.

2. It is not in dispute that the said dealership is governed by the West Bengal Urban Public Distribution System (Maintenance & Control) Order, 2013 which came into effect on and from A

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