JUDGMENT :

SMITA DAS DE, J.

1. The instant application CAN 2 of 2025 has been filed by the applicant, being the wife of the deceased original licensee of a Fair Price Shop (FPS) distributor, challenging inter alia, the order dated April 24, 2025 rejecting her application for grant of license on compassionate appointment. The rejection is premised on the ground that the writ petition filed by the deceased licensee challenging the termination of his FPS license is still pending.

2. Apropo the facts of the case is that the original licence holder (since deceased) had been running a Fair Price Shop Dealership at village and Post Office–Panna, Police Station-Ghatal, District–Paschim Medinipur, by virtue of a license under West Bengal Public Distribution System (Maintenance and Control) Order, 2013(in short “2013 Order”) issued by the Sub-Divisional Controller, Food and Supplies, Ghatal, Paschim Medinipur(hereinafter referred to as “SCFS”).

3. On February 8, 2023 a show cause notice had been issued to the original licence holder by the SCFS, alleging certain irregularities detected during the enquiry and scrutiny of document regarding issuance of ration cards.

4. On March 24, 2023 an order of termination to the original licence holder had been issued by the SCFS with effect from March 25, 2023.

5. No steps for substitution have been taken by the legal heirs in the pending writ petition being WPA 23311 of 2023. Subsequently, the applicant, being the widow of the deceased, filed an application on April 21, 2025 before the concerned authority for grant of a Fair Price Shop dealership licence on compassionate ground under the applicable policy.

6. The said application has been rejected by an order dated April 24, 2025 solely on the ground that the writ petition filed by the deceased licensee is pending adjudication, which is the subject matter of challenge herein.

Contention of the Applicant –

7. Learned counsel appearing on behalf of the applicant submits that the Writ Petition No. WPA No 23311 of 2023 has been filed originally by the original license holder, challenging the order dated March 24, 2023 passed by the Sub-Divisional Controller, Food and Supplies, Ghatal, terminating his dealership licence, on the allegation of illegally lifting ration commodities against the spurious digital ration cards.

8. The First Appellate Authority, being District Controller of Food and Supplies (DCFS), Paschim Medinipur, by an order dated June 13, 2023 upheld the order of termination of license. The Second Appellate Authority also dismissed the appeal against the order of termination of license.

9. Learned counsel for the applicant further submits that during the pendency of the writ petition, the original license holder died intestate on January 21, 2025 leaving behind his widow and four children, who filed an application on February 11, 2025 for substitution of their names in place of the original licence holder (since deceased), which has been allowed by this Hon’ble Court by an order dated February 19, 2025.

10. The applicant applied for grant of license on compassionate grounds on April 21, 2025 against the dealership of the original licence holder (since deceased), but the application has not been processed by the SCFS, Ghatal, allegedly due to the pendency of the writ petition, as informed to the applicant vide memo dated April 24, 2025.

11. The applicant asserts that the claim for compassionate appointment is an independent statutory and policy right. It cannot be defeated merely because the deceased had challenged the termination of his licence.

12. There is no provision in the FPS Policy or the relevant scheme that bars consideration of an application for grant of license on compassionate grounds merely due to the pendency of a writ petition filed by the deceased license holder.

13. It is submitted that since no substitution has been sought in the writ petition filed by the deceased, the same stands abated. Therefore, there is no subsisting lis which ca