Allahabad High Court
Champa Devi vs The District Magistrate Azamgarh And 2 ... on 25 November, 2019
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 36657 of 2019 Petitioner :- Champa Devi Respondent :- The District Magistrate Azamgarh And 2 Others Counsel for Petitioner :- Shivendra Nath Singh,Akhilesh Kumar Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents.
The daughter-in-law has come forward to claim that allotment of fair price shop dealership on compassionate ground be made.
It is not in dispute that son of the deceased fair price shop dealer is not eligible because of his lack of required educational qualification to claim compassionate appointment in the light of the latest Government Order dated 5.8.2019.
Submission of learned counsel for the petitioner is that in the facts and circumstances of the case daughter-in-law can claim compassionate appointment.
Per contra, on the basis of instructions filed pursuant to the order order dated 22.11.2019, which are taken on record, learned Standing Counsel contends that daughter-in-law does not fall within the definition of family as provided in the aforesaid government order.
Prima facie the contention of learned Standing Counsel appears to be correct, however, learned Standing Counsel is granted four weeks time to file counter affidavit. The petitioner shall have three weeks thereafter to file rejoinder affidavit.
List thereafter.
It is made clear that pendency of the present petition may not treated any kind of legal impediment in proceeding further with the allotment of fair price shop dealiership.
Order Date :- 25.11.2019 Abhishek