SHAM SUNDER Vs. STATE

JUDGEMENT

(1.) WHAT constitutes a 'family' for purpose of withdrawal of cash relief and whether any member of the family having been employed who was previously dependant, disentitle a family from grant of cash relief on his being employed is the question which is required to be determined by this court in this writ petition.

(2.) PETITIONERS state that Ration Cards came to be issued in their favour which entitled them for grant of cash relief. The detail of the family strength at the initial stage is reflected in para 4 of the writ petition. It is averred that by virtue of policy decision taken by the State Government, cash and relief assistance was provided to those families who were not gainfully employed in any government service or in any autonomous body owned and run by the State government. Those who were gainfully employed in Govt. service were also issued Ration cards, but were not entitled to cash relief from the State Govt. It is stated by the petitioners that one dependant of eaeh family came to be gainfully employed in Police Department by way of policy decision taken by the State Government. As a result of their having been employed, they would automatically stand deleted from the original Ration cards and would be treated separate from the family. It is in this context that the petitioners have indicated in the writ petition the present strength of family members which has been reduced on account of employment of those dependants who were initially listed in the Ration Cards.

(3.) THE positive case of the petitioners is that the dependants who have been gainfully employed would not constitute a family for purpose of cash and relief assistance. The family would be entitled to receive cash and relief assistance on the present strength of the family. The petitioners state that the respondents have stopped payment of cash relief to them on the pretext that one member of their family has been gainfully employed, as such they would disentitle themselves to receive such relief.