Between:
HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.33224 of 2014 Date:06.11.2014 D.Suneetha, D/o D.Bayapa Reddy And The State of A.P., reptd., by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Hyderabad and three others.
Counsel for the petitioner: Sri N.Aswartha Narayana Counsel for the respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
.. Petitioner .. Respondents ORDER:
This Writ Petition is filed for a Mandamus to declare the inaction of respondent No.4 in releasing the essential commodities to the petitioner for distributing the same to the card holders, for the month of November 2014, of Nadimidoddi Village, Narpala Mandal, Anatapuram District, as illegal and arbitrary.
It is the pleaded case of the petitioner that though she was appointed as temporary fair price shop dealer on 02.05.20016, as a stop gap arrangement, for a period of six months, she is being continued as such till now. Her grievance is that suddenly respondent No.4 has stopped allotting the essential commodities to her on the ground that her appointment has expired long back.
Learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh) submitted that as the petitioner was appointed as fair price shop dealer for a limited period of six months, respondent No.4 has stopped allocation of the essential commodities to her for distribution to the card holders.
A perusal of order in D.Dis.No.D1/CS/799/2006, dated 02.05.2006, passed by respondent No.3, under which the petitioner was appointed as temporary fair price shop dealer, shows that she was appointed on temporary basis, as a stop gap arrangement, for a period of six months. However, it is specifically stated that her dealership may be terminated in future at any time without prior notice on appointment of permanent fair price shop dealer.
The petitioner pleaded that though her appointment was limited to six months, in view of the clause in the appointment order to the effect that her appointment will be terminated on appointment of fair price shop dealer on permanent basis, she is being continued all these years. She has also pleaded that she has been discharging her duties as temporary fair price shop dealer to the utmost satisfaction of all the card holders and without giving any scope for any complaint from any quarter and that, so far, her performance has not come to the adverse notice of any functionary.
In the opinion of this Court, the respondents should not have allowed the above-mentioned fair price shop to be kept vacant without filling up the same on permanent basis for more than eight years. Having continued the petitioner so long, there is no justification to discontinue her suddenly on the purported ground that her appointment order was valid only for six months, more so, in the absence of omissions and commissions in the running of the fair price shop by her.
Respondent No.3 is, therefore, directed to immediately notify the vacancy for the above-mentioned fair price shop for being filled up on permanent basis. He shall complete this process within a period of three months from the date of receipt of a copy of this order. Till this process is completed, the petitioner shall be continued as temporary fair price shop dealer in respect of the said fair price shop.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, WPMP.No.41549 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.NAGARJUNA REDDY, J)
06h November 2014
B/o dr