APHC010044762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 2502, 2376, 3290, 1871, 2380, 1595, 1612, 1865, 2115, 1955, 1966 AND 1602 of 2025 WRIT PETITION NO: 2502/2025 Between: 1. SAMEERA MAHILA SAKTHI SANGAM,, REP.BY SMT.VULLINGI SANTHI KUMARI, D/O TATHA RAO , AGE 26 YEARS, PERMANENT F.P SHOP DEALER OF F.P SHOP NO.0429018 , D.N0.4-85/A, RAYADU PAKALU, KOLAMURU.BOMMURU VILLAGE EAST GODAVARI DISTRICT, ANDHRA PRADESH.-533102 2. SMT.VULLINGI SANTHI KUMARI,, D/O TATHA RAO , AGE 26 YEARS. PERMANENT F.P SHOP DEALER OF F.P SHOP NO.0429018 , D.N0.4-85/A, RAYADU PAKALU, KOLAMURU,BOMMURU VILLAGE EAST GODAVARI DISTRICT, ANDHRA PRADESH.-533102 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICTAT RAJAMAHENDRAVARAM, ANDHRA PRADESH. 3. THE JOINT COLLECTOR, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM ANDHRA PRADESH. 4. THE DISTRICT SUPPLY OFFICER, EAST GODAVARI DISTRICT AT 2 VS,J W.P.No.2502 of 2025 & batch RAJAMAHENDRAVARAM 5. THE REVENUE DIVISIONAL OFFICER, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT,ANDHRA PRADESH. 6. THE TAHSILDAR, RAJAMAHENDRAVARAM RURAL MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the issue of notification calling for applications to fill up the fair price shop dealership No.0429018,Bommuru Village, Rajamahendravaram Rural Mandal, East Godavari District without suspension/termination existing petitioner dealership authorization which is in existence since 2013 is illegal, arbitrary, unreasonable violation of Andhra Pradesh essential commodities Act,1955, A.P State targeted Public Distribution System (control) Order,2018 and also violation of article 14,19,21 constitution of India. Consequently set aside the notification vide Ref.d.1753/Rajamahendravaram Rural /0429018 /2024 dated 28.12.2024 for Bommuru village Rajamahendravaram Rural Mandal Fair Price Shop and other reifies and pass IA NO: 1 OF 2025 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 pleased to grant stay of all further proceedings of notification Ref/d/1753/Rajamahendravaram Rural /0429018 /2024 dated 28.12.2024 of Rajamahendravaram Rural & Mandal Fair Price Shop pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.2502 of 2025 & batch COMMON ORDER: All these writ petitions have been filed by fair price shop dealers who were appointed on temporary basis for their respective fair price shops, challenging the impugned notifications whereby the respondent authorities called for applications from eligible candidates for filling up vacancies of fair price shop dealers on permanent basis. Hence, I deem it appropriate to dispose of all these writ petitions by way of a common order, by taking W.P.No.2502 of 2025 as main case. 2. W.P.No.2502 of 2025 came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the issue of notification calling for applications to fill up the fair price shop dealership No.0429018,Bommuru Village, Rajamahendravaram Rural Mandal, East Godavari District without suspension/termination existing petitioner dealership authorization which is in existence since 2013 is illegal, arbitrary, unreasonable violation of Andhra Pradesh essential commodities Act,1955, A.P State targeted Public Distribution System (control) Order,2018 and also violation of article 14,19,21 constitution of India. Consequently set aside the notification vide Ref.d.1753/Rajamahendravaram Rural /0429018 /2024 dated 28.12.2024 for Bommuru village Rajamahendravaram Rural Mandal Fair Price Shop and other reifies and pass….” 3. Brief facts of the case are that the 1st petitioner by name „Sameera mahila Sakthi Sangam” is an association represented by the 2nd petitioner herein. The 1st petitioner was appointed as a fair price shop dealer of shop No.0429018 of Moramanda village, Rajamahendravaram Rural mandal, East 4 VS,J W.P.No.2502 of 2025 & batch Godavari district vide proceedings dated 10.11.2021. Ever since, the petitioners have been distributing essential commodities to the cardholders without there being any complaint from whomsoever concerned. 4. The grievance of the petitioners is that the respondent authorities, by way of the impugned notification in Ref/d/1753/Rajamahendravaram Rural/0429018/2024, dated 28.12.2024 called for applications from the eligible candidates for filling up the vacant post of fair price shop dealer for shop No.042901 of Bommuru village, Rajamahendravaram rural mandal on permanent basis, without suspending/terminating the authorization of the petitioners herein. Hence, the present writ petition is filed. 5. The 5th respondent has filed a detailed counter affidavit duly denying the contentions raised by the petitioners and further stated that due to resignation of one Suravarapu Jyothi, who was initially appointed temporarily on 15.10.2020 as fair price shop dealer, the petitioner‟s self help group was appointed as fair price shop of the subject shop purely on temporary basis. It is further stated that the Commissioner, Civil Supplies vide CCS.Ref.No.PDS.II (1)/1021/11/2019, dated 16.08.2019 issued instructions as per which the President/Secretary/Treasurer of SHG/DWCRA group are only allowed to run the fair price shop on temporary basis and are permitted to distribute essential commodities for a period of three (3) months or till appointment of regular dealer of the fair price shop. As the petitioners were appointed as fair price shop dealer of the subject shop purely on temporary 5 VS,J W.P.No.2502 of 2025 & batch basis without any valid authorization, their claim for setting aside the impugned notification dated 28.12.2024 issued by the 5th respondent is untenable. Hence, requested to dismiss the writ petition. 6. Heard Sri. Dasari S.V.V.S.V. Prasad, learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies. 7. The petitioners are claiming authorization over the fair price shop No.0429018 of Moramanda village, Rajamahendravaram Rural mandal, East Godavari district relying on the proceedings of the Sub-Collector & Appointing authority, Rajamahendravaram in Ref.D/2564/2020, dated 10.11.2021. A perusal of the said proceedings would go to show that due to resignation of one Smt. Suravarapu Jyothi, President of Sri Sai Mahila Sakthi Sangham as fair price shop dealer of shop No.0429018 of Moramanda village, Rajamahendravaram Rural mandal, East Godavari district, based on the proposal submitted by the 6th respondent herein vide Ref.B/182/2020, dated 14.10.2021 and 01.11.2021, the 2nd petitioner herein, who is the treasurer of 1st petitioner sangham was appointed as fair price shop dealer of shop No.0429018 of Moramanda village, Rajamahendravaram Rural mandal, East Godavari district, purely on temporary basis. In the abovementioned proceedings, the petitioners were specifically informed that the appointment is purely on temporary basis and that they have no right to claim to appoint or continue as permanent dealer. 6 VS,J W.P.No.2502 of 2025 & batch 8. The Hon‟ble Apex Court, in Secretary, State of Karnataka and Ors. Vs. Umadevi and Ors.1, while dealing with adhoc/temporary appointments held that unless the appointment is in terms of the relevant rules and after a proper competition among qualified persons, the same would not confer any right on the appointee. It further held that if it is a contractual appointment, the same comes to an end at the end of the contract, if it were an engagement or appointment on daily wages or casual basis, the same would come to an end when it is discontinued. In case of a temporary employee, the Hon‟ble Court held that a temporary employee cannot claim to be made permanent on the expiry of his term of appointment and further clarified that merely because a temporary employee is continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent, merely on the strength of such continuance. It further held that Courts should not prevent regular recruitment at the instance of temporary employees whose period of employment has come to an end or of ad hoc employees who by the very nature of their appointment do not acquire any right. 9. In general, a permanent fair price shop dealer is appointed by way of regular recruitment by following the rules stipulated in Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. However, due to exigencies of the department, few adhoc or temporary appointments are being 1 (2006) 4 SCC 1 7 VS,J W.P.No.2502 of 2025 & batch made. Admittedly, such adhoc or temporary appointees are being informed in their appointment order itself that their authorization of the fair price shop is purely on temporary basis. In such a case, such temporary fair price shop dealer cannot claim to be made permanent on the expiry of his term of appointment. Further merely because the said temporary fair price shop dealer is being continued for a time beyond the term of his appointment, he is not entitled to be absorbed as permanent fair price shop dealer, instead, such dealer may also compete along with others for such permanent fair price shop dealership. If the said person does not get selected in the recruitment process, he must give way to the regularly selected candidates and the appointment of such regularly selected candidate cannot be withheld or kept in abeyance for the sake of such an adhoc/temporary arrangement. 10. Earlier, when a similar notification as impugned in the present writ petition was challenged by few affected parties, this Court observed as under in the order passed in W.P.No.39554 of 2015 on 10.04.2023: “As the petitioner being a temporary dealer, the notification issued as per the guidelines prescribed by the Government in G.O.Ms.No.4 dated 19.02.2011, the petitioner cannot question the same.” 11. In view of the aforesaid discussion, this Court is of the opinion that the petitioners, being temporary fair price shop dealers, have no right to challenge the impugned notification that was issued calling for applications from eligible candidates to fill up the vacant posts of fair price shop dealers on permanent 8 VS,J W.P.No.2502 of 2025 & batch basis. However, the petitioners are at liberty to apply for such post pursuant to the impugned notification and participate in the selection process, in accordance with law. Hence, this writ petition is liable to be dismissed. 12. In view of the detailed order passed in W.P.No.2502 of 2025, the remaining writ petitions are also liable to be dismissed. 13. Accordingly, all these writ petitions are hereby dismissed, however, the petitioners are at liberty to apply for the post of fair price shop dealer pursuant to the impugned notifications and to participate in the selection process, in accordance with law. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in these Writ Petitions shall stand closed. ______________________ JUSTICE V.SUJATHA 05.11.2025 Gss