Court No. - 45
Case :- WRIT - C No. - 19988 of 2018 Petitioner :- Ashish Shukla Respondent :- The Principal Secretary Food And Civil Supply And Another Counsel for Petitioner :- Vinod Kumar Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Vinod Kumar Kushwaha, learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner claims to be the grand son of freedom fighter. The submission of Sri Vinod Kumar Kushwaha, learned counsel for the petitioner is that by Government Order dated 17.8.2002 the reservation in allotment of fair price shop to freedom fighters and their wives has been provided. The relevant provision is quoted here under:-
3. mi;qZDrkuqlkj vkjf{kr Jsf.k;ksa esa fuEufyf[kr gksfjtsUVy vkj{k.k Hkh vuqeU; gksxk %& ¼d½ lacfU/kr vkjf{kr Js.kh dh efgykvksa dks 20 izfr'kr ¼[k½ lacfU/kr vkjf{kr Js.kh ds yM+kbZ esa ekjs x;s lSfud ds ifjokj ds lnL;] yM+kbZ esa ?kk;y gq, lSfud ds ifjokj ds lnL; HkwriwoZ lSfud 08 izfr'krA ¼x½ lacfU/kr vkjf{kr Js.kh ds Lora=rk laxzke lsukuh] mudh iRuh dks 5 izfr'krA The submission of learned counsel for the petitioner is that the freedom fighters and their wives are no longer capable of running fair price shop because of old age. Consequently, the benefits may be extended to their grand children and great grand children as well. This is a policy decision. The court cannot substitute its own discretion over that of Government Order. There is nothing arbitrary in the policy decision which is reflected in the Government Order dated 17.8.2002.
The writ petition is dismissed.
Order Date :- 29.5.2018 Pramod