KUSUMLATA Vs. STATE OF U.P.

JUDGEMENT

(1.) The question before this Court for consideration is whether married daughters can be considered/eligible for compassionate allotment of dealership of a fair price shop on the death of their father/mother to whom the license to run fair price shop was originally granted by the State.

(2.) The challenge made in this writ petition is for declaring the word "unmarried" as unconstitutional from the definition of family prescribed under Sub-clause (10) of Clause IV of the Government Order dated 05.08.2019 bearing No. 6/2019/1358/29.06.2019-162 ??0/2001.

(3.) Facts, in brief, as narrated is that one Nekram, father of the petitioner, was granted license by the district authorities to run the fair price shop at Village Newadi Khurd, Nyay Panchayat Aheripur, Block Maheva, Pargana Bharthana, District Etawah in the year 2005. Unfortunately, he passed away on 15.02.2021 leaving behind his wife Suman Devi, three minor sons and four daughters. Smt. Suman Devi, the widow, applied for the grant of license under compassionate allotment in view of the Government Order dated 05.08.2019. She was informed that as she was not having the requisite qualification, she was not entitled for the appointment as dealer of fair price shop under the government order as Sub-rule 3 of Rule IV provides for eligibility.