SHARMA DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

(2.) Petition has been filed assailing order dtd. 12/1/2022 whereby petitioner's application for allotment of fair price shop on compassionate ground has been rejected on the ground that she does not come within definition of 'family' as drescribed in paragraph IV (10) of the Government Order dtd. 5/8/2019 since petitioner is the daughter in law of the earlier fair price shop agreement holder.

(3.) Learned counsel for petitioner submits that initially petitioner's father in law namely late Shyam Lal was the fair price shop agreement holder of the fair price shop in question, who passed away on 27/11/2021 and petitioner being his daughter in law filed the application for compassionate appointment. It is submitted that the petitioner otherwise is fully eligible to be appointed a fair price shop dealer of the shop in question. It has been further submitted that the aspect that daughter in law does not come within the preview of 'family' has already been dealt with by this Court in the judgment and order dtd. 22/11/2021 passed in Writ-C No. 18519 of 2021, Pushpa Devi versus State of U.P. and others in which the petition for compassionate appointment by daughter in law was allowed placing reliance on the Full Bench judgment of this Court in the case of U.P. Power Corporation Limited versus Smt. Urmila Devi reported in 2011(3) ADJ 432. As such it is submitted that the impugned order is clearly against the dictum of this Court.