SHIV DULARI Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER 's husband let Sri Naresh Pal was admittedly, a fair price licensee. The petitioner moved an application for allotment of fair price shop on compassionate ground in pursuance of the provisions contained in the Government order dated 10.8.1999.?

(2.) IT has not been disputed by the learned standing counsel that after death of original allottee, the compassionate allotment may be made to the dependents of deceased fair price shop licensee subject to condition that his work and conduct were satisfactory. In the present case, by the impugned order dated 5.2.2014, application of the petitioner has been rejected on the ground that the fair price shop in question has been reserved to fill up the backlog quota. In the event of conflict between the two welfare purposes, the one which fulfils the requirement of dependents of deceased, should prevail over and above the rights of surviving candidates. The dependents of deceased fair price shop holder in case of entitlement for compassionate allotment, the fair price shop should have been given primacy over and above the candidate's entitlement of reserved category candidates. After death of bread earner of the family, the condition of family may be so bad to carry out the family affairs and provide bread and butter to surviving family members. Death is inevitable in every family and after death, certain right flows from statutory provisions and the Government orders.? It must have been given preference over and above other rights. The provision with regard to compassionate allotment of fair price shop is analogous to the provision contained in the Uttar Pradesh Recruitment of Dependents of Government Servant Dying -in -Harness Rules, 1974 where, the appointments are made of dependents of Government servants who died in harness in the event of death ignoring the reservation policy. Thus, on the same provision also, the dependents of deceased fair price shop dealer shall be entitled to seek license subject to fulfilment of required conditions mentioned in the Government order over and above the reservation policy.

(3.) ACCORDINGLY , the writ petition is allowed. A writ in the nature of certiorari is issued quashing the impugned order dated 5.2.2014 contained in Annexure No.1 to the writ petition. A writ of mandamus is further issued directing the competent authority to consider the petitioner's case for allotment of fair price shop keeping in view the observations made in the body of the present judgment expeditiously say, within six weeks from the date of receipt of a certified copy of this judgment.