PRADIP KUMAR ADHIKARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the appellant/writ petitioner has challenged the order of dismissal dtd. 2/4/2019 as passed in WP No. 23150(W) of 2018. In the said writ petition as filed by the writ petitioner the communication dtd. 12/10/2018 as issued by the respondent no. 3 herein communicating the decision of the Food and Supplies Department to the respondent no. 4 herein rejecting the writ petitioner's application for appointment as a FPS Dealer on compassionate ground has been assailed.

(2.) For effective disposal of the instant appeal, the facts leading to the filing of the aforementioned writ petition before the Hon'ble Single Bench is required to be dealt with in a nutshell. Before the Hon'ble Single Bench it was the case of the writ petitioner that originally One Makhan Lal Adhikary since deceased, the father of the appellant/ writ petitioner was a fair price shop dealer at Panchla, District Howrah and after his death in the year 2006 Smt Ashima Adhikary, also since deceased being the widow of the original fair price shop dealer and the mother of the present appellant was granted the said dealership on compassionate ground under the provision of West Bengal Public Distribution System (Maintenance and Control) Order, 2003 ( hereinafter referred to as 'the said Control Order, 2003' in short).

(3.) Before the Hon'ble Single Bench, it was the further case of the present appellant/ writ petitioner that after the death of mother of the present appellant, two other brothers of the present appellant namely; Kumtal Adhikary and Ujjal Adhikary on 9/1/2008 with the consent of the other surviving legal heirs of the deceased Ashima Adhikary applied for appointment of the aforesaid dealership on compassionate ground in accordance with the provisions of the said Control Order, 2003.