MUNSEF MONDAL Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The short question in both the appeals turns on the legal issue as to whether the selection process pertaining to the appellants for being licensed as Fair Price Shop Dealers (for short referred to as FPS Dealers) under the West Bengal Rural Public Distribution System (Maintenance and Control) Order,2003 (for short the 2003 Rural Control Order) stood preserved in the context of the amended savings clause of the West Bengal Rural Public Distribution System (Maintenance and Control) Order, 2013 (for short the 2013 Control Order).

(2.) The brief facts pertaining to the above legal issue is that both the appellants in the two appeals, who were the writ petitioners before the Hon'ble Single Bench, were recommended for appointment as FPS Dealers under the 2003 Control Order. Such recommendation was however not acted upon by the selecting authority which is the Department of Food and Supplies (F&S), Government of West Bengal, for a period of nearly 30 months.

(3.) In the meantime, when the recommendation of the appellants for being ultimately selected as FPS Dealers under the 2003 Rural Control Order was kept pending, there was a change in the law and the 2013 Rural Control Order came into force. Similarly, the 2003 Urban Control Order stood amended in the form of the 2013 Urban Control Order. The savings clause in the new 2013 Urban Control Order was Clause No. 39 which read as follows: