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2015 DIGILAW 996 (CAL)

Subhadra Mondal v. State of West Bengal

2015-12-23

SUBRATA TALUKDAR

body2015
JUDGMENT : 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. 4. Sri Sushovon Sengupta, learned Senior Government Advocate appears for the State-respondents and submits that the petitioner does not have a vested right to be appointed on compassionate grounds and her appointment is subject to fulfillment of all formalities. 5. Having heard the parties and considering the materials on record this Court is satisfied that the conclusion of the SCFS rejecting the claim of the petitioner only on the ground of age is not acceptable. From the medical certificate annexed to the writ petition it does not appear that the petitioner is in any way incapable of active and intensive involvement in the FPS. 6. Accordingly, the order impugned dated 31st July, 2015 stands set aside. The SCFS, Basirhat, is directed revisit the claim upon the petitioner for appointment to the FPS after compliance with the necessary formalities in accordance with law. 7. 6. Accordingly, the order impugned dated 31st July, 2015 stands set aside. The SCFS, Basirhat, is directed revisit the claim upon the petitioner for appointment to the FPS after compliance with the necessary formalities in accordance with law. 7. Such exercise shall be completed within a period of four weeks from the date of communication of this order. The petitioner shall be communicated with the decision of the SCFS, Basirhat within a week thereafter. 8. W.P. No. 28309(W) of 2015 stands accordingly allowed without calling for affidavits. 9. There will be no order as to costs. Urgent certified photocopy of this order, if applied for, will be made available to the parties subject to compliance with all requisite formalities.