1 APHC010148102024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7703/2024 Between: Kolli Purna Harish ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following order: Impugning the endorsement dated 26.02.2024 issued by the 2nd respondent rejecting the petitioner’s claim for appointment of fair price shop dealer on compassionate grouds. 2. Heard Miss J.Anjani Priya, learned counsel representing learned counsel for the petitioner and Sri A.Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, originally the petitioner’s sister was 2 appointed as fair price shop dealer for the shop No.0782009 situated in Mangalagiri Town & Mandal, Guntur District. She further submitted that, after demise of his sister on 29.04.2023, the petitioner is distributing the essential commodities to the card holders and his name was also shown in the EPO’s device, as such, the petitioner is having the experience in distribution of the essential commodities. She further submitted that, the petitioner applied for post of fair price shop dealer on the compassionate grounds before the 2nd respondent and the 2nd respondent has rejected the same under an endorsement dated 26.02.2024 alleging that the applicant is neither dependant nor legal heir to the deceased F.P.Shop dealer and he is not eligible for appointing him as F.P.Shop dealer in place of his sister under compassionate grounds. She further submitted that the petitioner is entitled for the appointment under compassionate grounds as per G.O.Ms.No.04 Consumer Affairs, Food & Civil Supplies (CS-I) Department dated 28.02.2014 as his sister is unmarried and deceased leaving behind her mother & the petitioner. Further, there is no income source in their family. She further submitted that, in the said circumstances, if the petitioner’s appointment on compassionate grounds was denied, the petitioner's family would suffer irreparable loss and hardship and livelihood would be at stake. As such prayed to pass appropriate orders in that regard. 4. On the other hand, learned Assistant Government pleader on counter submitted that as per the provisions of G.O.Ms.No.04 Consumer Affairs, Food & Civil Supplies (CS-I) Department dated 28.02.2014, in the cases where the 3 family may be having an un-married dependent daughter of the deceased without any living son or wife, the unmarried daughter shall be considered. In the present case, the applicant is not a dependant to the deceased F.P.Shop dealer and hence, he was not eligible for the appointment under compassionate grounds. As such there is neither illegality nor procedural irregularity in issuing the impugned endorsement and the writ petition is devoid of merits and is liable to the dismissed and accordingly prayed to dismiss the writ petition. 5. Perused the record and considered the submissions of both the learned counsel. 6. A perusal of the impugned endorsement shows that, except stating that the petitioner is not a dependant of the deceased sister, no other particulars basing on which the Sub-Collector(2nd respondent) has come to such conclusion are not mentioned in detail. Moreover, the reason stated by the petitioner for seeking appointment on compassionate grounds is that none of their family members are employed and the only one who is employed in his family is his deceased sister and after her demise, there is no income for their family and accordingly to get over the financial crisis, the petitioner had made an application for post of Fair Price Shop dealer on compassionate grounds. 7. G.O.Ms.No.04 Consumer Affairs, Food & Civil Supplies (CS-I) Department dated 28.02.2014 stipulates that the legal heirs of the deceased dealers may be given preference among the equal applicants who applied for 4 the same dealership in response to the general notification and the Government also considered that some of the survivors of the deceased Fair Price Shop have crossed the age of consideration of any other job and they were dependent on the Fair Price Shop for their livelihood and that denying them on the compassionate appointment would cause lot of hardship to them. 8. As stated above, without stating any reasons, the 2nd respondent has come to a conclusion that the petitioner is not a dependant to the deceased Fair Price Shop dealer, which is not proper. In view of the facts and circumstances of the case and the guidelines made in the G.O. referred supra, this Court is of the opinion that this is fit case to remit back to the 2nd respondent-Sub Collector for fresh adjudication. 9. Accordingly, the writ petition is disposed of remitting back the matter to the Sub-Collector (2nd respondent). The 2nd respondent shall pass a reasoned order by duly stating the reasons as to why the petitioner is not entitled for appointment on compassionate grounds and as to how he has come to a conclusion that the petitioner is not a dependant of his deceased sister. Such exercise shall be completed within four (04) weeks from the date of receipt of copy of this order. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI BRS