Court No. - 45
Case :- WRIT - C No. - 20232 of 2018 Petitioner :- Babbi Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Mani Upadhyay,Vikrant Pandey Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Ajay Bhanot,J.
Heard Sri Ram Mani Upadhyay, learned counsel for the petitioner, Sri Tariq Maqbool Khan, learned counsel for the respondent no.4 and Sri Vivek Srivastava, learnd Standing Counsel for the State.
The petitioner is daughter-in-law of the brother of the deceased card holder of the Village Panchayat Janua, District Deoria. The erstwhile fair price shop dealer of the Village Panchayat Janua, District Deoria one Rama Shankar Pandey died on 11.3.2018. The petitioner has claimed appointment as fair price shop dealer on compassionate ground. Her claim is founded on a Will deed allegedly executed by the said Rama Shankar Pandey (since deceased) on 26.2.1992. The grant of fair price shop dealership on compassionate grounds is governed and regulated by the Government Order dated 17.8.2002. The benefits of compassionate ground are extended to the dependants who are described as wife, son and unmarried daughter. The Government Order is extracted hereunder for ease of reference :-
10. (>) ;fn nqdkunkj vPNh [;kfr dk gks rks mldh e`R;q ds mijkUr nqdku dk vkoaVu mlds vkfJr dks djus ij fopkj fd;k tk ldrk gSA vkfJr dk rkRi;Z iRuh] iq= rFkk vfookfgr iq=h ls gSA The decision to give the benefit of appointment on compassionate ground is a policy decision of the State Government. Only the kin mentioned in the Government Order are entitled to claim such benefits. Admittedly, the petitioner is neither the wife nor unmarried daughter of the deceased card holder. She does not fall within the ambit of the policy of the Government manifested in the Government Order dated 17.8.2002 hence she is not entitled to such benefits.
The benefits of grant of compassionate can not be extended to the petitioner on the basis of the alleged will deed dated 26.2.1992.
The writ petition is dismissed.
Order Date :- 29.5.2018 Pramod