. 1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 30628 OF 2024 Between: Padamata Veera Venkateswara Rao, S/o. Late Padamata Danamma, Aged 51 years, Occ: Unemployee R/o. D.No.12/165, Old Panchayat Street. Vuyyuru Town, Krishna District, AP. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Consumer Affairs, Food and Civil Supplies Department A.P. Secretariat, Velagapudi, Amaravati Guntur District. AP 2. The District Collector(Civil Supplies), Krishna District, Andhra Pradesh 3. The Revenue Divisional Officer, Vuyyuru Division, Krishna District, AP 4. The Tahsildar, Vuyyuru Mandal, Krishna District, AP ...Respondents Petition under Article 226 of the Constitution of India praying that the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus questioning the Notification vide R.C.B2/18/2024 dtd. 10-12-2024 issued by the 3rd respondent for filling vacancy in Fair Price shop No.0628006 of Vuyyuru Town, Krishna District without considering my application dt.-l6-08-2019 to the 4th respondent in without following the due process of law is highly illegal, arbitrary and exercise of power, violative of Principles of natural justice and violative of Art. 19 of the Constitution of India and consequently direct the respondent No.3 not to appointment any other person as dealer to Fair Price shop No.0628006 of Vuyyuru Town, Krishna District, Andhra Pradesh. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 not to appointment any other person as dealer to Fair Price shop No.0628006 of Vuyyuru Town, Krishna District, Andhra Pradesh. Counsel for the Petitioner: SRI. YASWANTH GADE Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010585382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Et=7?r THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 30628/2024 Between: Padamata Veera Venkateswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.YASWANTH GADE Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “...pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus questioning the Notification vide R.C.B2/18/2024 dtd.10-12-2024 issued by the 3^^ respondent for filing vacancy in Fair Price shop No.0628006 of Vuyyuru Town, Krishna District without considering my application dt: 16-08-2019 to the 4"^ respondent without following the due process of law Is highly illegal, arbitrary & exercise of power, violative of Principles of natural justice and violative of Art. 19 of the Constitution of lnd\a W.P.No.30628 of 02.01.202 2 and consequently direct the respondent No. 3 not to appointment any other person as dealer to Fair Price shop No.0628006 of Vuyyuru Town, Krishna District, Andhra Pradesh and pass... ” 02. The case of the petitioner is as follows; The mother of the petitioner, Smt. P. Danamma, was appointed as the dealer of Fair Price Shop No. 0628006, located in Vuyyuru Town, Krishna District, in the year 2005, through Authorization No.6/VYR/2005 (101/90). This authorization remained valid until 31.03.2020. Throughout her tenure, she diligently performed her duties without any complaints from the cardholders. On 03.04.2019, Smt. Danamma passed away, leaving behind the petitioner and her two other children viz., Mr. P. Srinivasa Rao (son), and Smt. Paramathi Jyothi (married daughter), petitioner submitted an application to the Tahsildar of Vuyyuru Mandal, Krishna District/ respondent No.4, requesting the allotment of the fair price shop to him on compassionate grounds. Despite the petitioner’s eligibility under G.O.Ms.No.4, dated 28.02.2014 and G.O.Ms.No.33, dated 19.12.2018, his application has yet to be considered. Meanwhile, the Revenue Divisional Officer of Vuyyuru Division, Krishna District/ respondent No.3, issued a notification vide R.C.B2/18/2024, dated 10.12.2024 to fill the vacancy of this fair price shop, along with six (06) other shops. The said shop was reserved for candidates under the "sports" category, with the requirement that applicants have at least an intermediate level of education. However, the petitioner has completed only his lO'*^ class, and at the time of his mother's death, he was 47 years old. According to the eligibility criteria as outlined in G.O.Ms.No.4 and G.O.Ms.No.33, the qualifications for appointment as a dealer on compassionate grounds include unemployment, being below the age of 50, and having completed at least the 10*^ class. As such, the present Writ petition is filed. 03. Following her demise, the W.P.No.30628of2024 02.01.2025 3 04. The learned counsel for the petitioner contended that despite the petitioner being eligible for appointment as a regular dealer on compassionate appointment, his application has been left pending, notification has now been issued to fill the vacancy under a different category, which is contrary to the law and has been done without affording the petitioner an opportunity for consideration, despite his eligibility. The learned counsel further stated that while the petitioner may not currently meet the age qualification due to exceeding the age limit, the eligibility criteria should be assessed based on the date of the dealer's death, as per the relevant Government Orders, rather than the petitioner’s present qualifications. Furthermore, a 05. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions of 3'^'^ respondent vide Rc.B2.18/2024, dated 31.12.2024 and stated that the petitioner had submitted the application to the 4‘^ respondent instead of the 3'^'^ respondent, who is the competent authority. He further submitted that, the petitioner, now exceeding the prescribed age limit, is no longer eligible for appointment on compassionate grounds. He argues that the age as on the date of appointment shall be taken into account. The relevant portion of the G.O.Ms.No.33, Consumer Affairs, Food & Civil Supplies, (CS.I) Department dated 19.12.2018 reads as follows: 06. After careful examination of the entire matter. Government decided to accept the demand i.e., to relax the upper age limit from 40 years to 50 years, to appoint the legal heir of the deceased F.P. Shop Dealer as F.P. Shop Dealer. Accordingly, the following amendment is issued to the Guideline - iv of the G.O.Ms.NO.4, Consumer Affairs, Food & Civil Supplies (CS.I) Department,dated:28-02-2014. 5. w W.P.No.30628of2^ 02.01.202s 4 AMEMDMENT FOR READ AS ITEM Guideline - iv under para (6) of G.O.Ms.No.4, Consumer Affairs, Food and Civil (CS.I) The Compassionate appointment for FP Shop dealership shall be applicable to the persons who have completed 18 years of age and not have crossed 50 years of age, as on the date of death of the Fair Price Shop Dealer. compassionate appointment shall also applicable to the persons who were within the age limit as on the date of the demise of the Supplies dted:28-02-2014. Dept. Fair Shop Dealer. 07. Even as on the present date, the aforementioned Government Orders holds good. A plain reading of the amended section, as indicated in the last column of the table, clearly shows that both the qualification and age criteria should be considered as on the date of the dealer's death. Therefore, the petitioner qualifies in terms of his age. In so far as the educational qualification, the petitioner has completed the 10th class, whereas the current requirement, as per G.O.Ms.No.32, CAP & CS (CS.I) Department, dated 03.12.2018, is the completion of an intermediate course. However, as per Clause (v) and (vi) of the G.O.Ms.No.4, CAP & CS (CS.I) Department, dated 28.02.2014, it is observed that a legal heir who does not have prescribed educational qualifications, shall be given 03 years time from the date of appointment for possessing the prescribed educational qualification. Therefore, even with regard to the education qualification, the petitioner is not disentitled for consideration, if all other requirements are complied with by the petitioner and previous record of the dealer shall be clean and there shall be no cases under the orders issued by the Essential Commodities Act, pending against him/ her. 08. In so far as the contention that the petitioner submitted the application to the 4'^ respondent but not to the 3'^'^ respondent, it is important to note that the application should have been forwarded by the 4'*^ respondent to the 3 09. rd W.P.No.30628 of 2024 02.01.2025 ■ ^ 5 respondent along with his own report. Therefore, this cannot be considered a valid ground for rejecting the relief sought. 10. It is also pertinent to mention that the written instructions read as below: Finally, I submit that, the request of the Petitioner i.e., Sri Padamata Veera Venkateswara Rao may be considered for appointment of dealer of Fair Price shop No.0628006 of Vuyyuru Town, Krishna District, filed before the Respondent No.4 i.e., Tahsildar, Vuyyuru on compassionate grounds as per the existing rules in vogue. Under these circumstances, even before taking any decision on the application of the petitioner, calling for the application from the prospective candidates for appointment as a dealer of the subject fair price shop by issuing the impugned notification is incorrect. 11. Accordingly, the Writ petition is disposed of and the notification vide R.C.B2/18/2024, dated 10.12.2024 in respect of fair price shop No.0628006 of Vuyyuru Town, Krishna District and further process under the notification is kept in abeyance with a direction to the 3'”'^ respondent to consider the application of the petitioner within one (01) month from the date of receipt of a copy of this order, after calling for the report from the 4‘^ respondent/ Tahsildar, Vuyyuru Mandal, Krishna District. 12. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Consumer Affairs, Food and Civil Supplies Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati Guntur District. AP. r 2. The District Collector(Civil Supplies), Krishna District, Andhra Pradesh. The Revenue Divisional Officer, Vuyyuru Division, Krishna District, AP. The Tahsildar, Vuyyuru Mandal, Krishna District, AP 3. 4. 5. One CC to Sri. Yaswanth Gade Advocate [OPUC] Two CCs to GP For Civil Supplies, High Court Of Andhra Pradesh [OUT] 6. 7. Three CD Copies GSC HIGH COURT DATED:02/01/2025 ORDER WP.No.30628 of 2024 X \ 8 .IAN 2025 ^ ^ . Current section col DISPOSING OF THE WP WITHOUT COSTS