TALARI MUTYALAPPA Vs. DISTRICT COLLECTOR, ANANTAPUR

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to declare the inaction of respondent No. 2 in appointing the petitioner as the fair price shop dealer of Madhapuram Village, Ramagiri Mandal, Anantapur District, as illegal and arbitrary. The petitioner has pleaded that respondent No. 2 has initiated the process for selection and appointment of permanent fair price shop dealer for Madhapuram Village as far back as 2009 and that he was selected for appointment by respondent No. 2 following the selection process. His grievance is that since the year 2009, no appointment order is issued to him.

(2.) Learned Assistant Government Pleader for Civil Supplies placed before the Court fax message, dated 11.06.2013, sent by respondent No. 2 to the Government Pleader for Civil Supplies, wherein it is stated that due to the law and order problem prevailing in Madhapuram Village, the appointment order could not be issued to the petitioner. An in-charge dealer is distributing the essential commodities to the card holders in the said Village and that steps are being taken to re-notify the said fair price shop for filling on permanent basis.

(3.) Even though a selected dealer has no indefeasible right for appointment, he nevertheless will have legitimate expectation that appointment will follow his selection. Unless reasons which are legally acceptable exist to deny appointment, such legitimate expectation of the selectee cannot be defeated. The purported prevalence of law and order problem does not constitute proper reason to deny appointment to the petitioner. I am, therefore, of the opinion that in the absence of plausible and acceptable reasons to deny appointment to the petitioner, he is entitled to be appointed as the fair price shop dealer following his selection.