Nayini Pedda Narsimhulu vs. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No.26618 of 2022

ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing for the respondents. Perused the material available on record.

2. With the consent of both parties, this Writ Petition is disposed of at the stage of admission.

3. The case of the petitioner is that the father of the petitioner was appointed as Fair Price Shop Dealer for the shop bearing No.1304017 of T.Somalaguduru village, Nandavaram Mandal, Krishna District and he performed his duties to the utmost satisfaction of the officers concerned and the cardholders attached to his shop. During the life time of the petitioner's father, a case under Section 6-A of the Essential Commodities Act, 1955 was initiated against him, but after conducting detailed enquiry, the said case was disposed of and the petitioner's father was permitted to continue as Fair Price Shop Dealer.

4. Learned counsel for the petitioner submits that the father of the petitioner died on 05.05.2020 due to COVID-19. The petitioner made a representation dated 03.11.2021 to the 3rd respondent i.e., the Joint Collector, Kurnool District to appoint him on compassionate grounds in terms of G.O.Ms.No.16

Consumer Affairs, Food & Civil Supplies (CS-1) Department, dated 17.06.2013 (For short G.O.Ms.No.16) as Fair Price Shop Dealer in the place of his father. He further submits that till date no decision was taken by the concerned authorities. Aggrieved by the same, the present Writ Petition has been filed.

5. On the other hand, learned Government Pleader for Civil Supplies appearing for the respondents submits that at present, the concerned Revenue Divisional Officer is the appointing authority and the petitioner has to submit his representation to the concerned Revenue Divisional Officer to consider his case, if he is otherwise eligible in terms of G.O.Ms.No.16, dated 17.06.2013.

6. Having heard the submissions of the respective counsels and on perusal of the material on record, it is an admitted fact that the father of the petitioner, who was appointed as Fair Price Shop Dealer, died on 05.05.2020. As per the contention of the learned counsel for the petitioner, for the sudden demise of his father, who is the breadwinner of their family, the entire family is in trauma and the petitioner could not submit his representation immediately before the concerned authorities seeking compassionate appointment. He further submits that due to wide spread of COVID-19 during the period 2020-21, the petitioner could not approach the concerned authorities to submit his representation. However, he made a representation

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before the Joint Collector, Kurnool on 03.11.2021 seeking compassionate appointment and it is pending till now.

7. Considering the above facts and circumstances of the case, as already the Government has taken a policy decision and issued G.O.Ms.No.16, dated 17.06.2013 to provide compassionate appointment for the eligible family members of the deceased dealers, it is appropriate and reasonable to consider the case of the petitioner for appointment on compassionate grounds in the place of his deceased father, if he is otherwise eligible, to meet the interest of justice.

8. Accordingly, the Writ Petition is disposed of directing the Joint Collector, who is the 3rd respondent herein, to forward the representation of the petitioner, dated 03.11.2021 to the concerned Revenue Divisional officer for taking appropriate action. On receipt of the same, the concerned Revenue Divisional officer shall pass orders in terms of G.O.Ms.No.16 Consumer Affairs, Food & Civil Supplies (CS-1) Department, dated 17.06.2013 as expeditiously as possible. There shall be no order as to costs of the Writ Petition.

As a sequel, miscellaneous petitions pending, if any in the Writ Petition, shall stand closed.

______________________________ JUSTICE BATTU DEVANAND

23.08.2022 C.C. tomorrow MP

HON'BLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.26618 of 2022

23.08.2022

C.C. tomorrow MP

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