SUBHADRA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Sri Narayan Chandra Mondal, learned Counsel appears for the petitioner and submits that the petitioner applied on compassionate ground to the M.R. dealership of her late husband. Such application, Sri Mondal submits, was in form and within prescribed time. Sri Mondal is aggrieved by the order impugned dated 31st July, 2015 passed by the Sub-Divisional Controller (Food & Supplies), (for short SCFS), Basirhat, 24 Parganas North rejecting the claim of the petitioner on the ground that as per medical certificate she is found to be 78 years of age and although clinically fit is permitted to do moderate work.

(2.) The SCFS came to the view that running a Fair Price Shop (for short FPS) requires active and intensive involvement. Therefore, the petitioner does not deserve to be appointed.

(3.) Sri Mondal submits that from the medical certificate annexed to the writ petition it does not anywhere appear that the petitioner is unable to undertake the work for running a Fair Price Shop. Sri Mondal also points out that it is open to the petitioner to engage hired help to assist her in running the FPS. In the above view of the matter the unilateral conclusion of the SCFS to refuse the prayer of the petitioner only on the ground of age is arbitrary and the SCFS has tried to weave an interpretation into the fitness certificate of the petitioner appearing at page 28 of the writ petition which is not plausible.