HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.33225 of 2014 Date:06.11.2014 Between:
Gandla Prabhakar, S/o Narasimhulu and four others.
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 petitioners: Sri N.Aswartha Narayana Counsel for the respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
.. Petitioners .. Respondents ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.3 and 4 in not releasing the essential commodities to the respective fair price shops of the petitioners, for distributing the same to the card holders of Narpala Village and Mandal, Anatapuram District, for the month of November, 2014 as illegal and arbitrary.
It is the pleaded case of the petitioners that though they were appointed as temporary fair price shop dealers on 29.03.2012 for a period of six months, they are being continued as such till now. Their grievance is that suddenly respondent Nos.3 and 4 have stopped allotting the essential commodities to them on the ground that their appointment expired long back.
Learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh) submitted that as the petitioners were appointed as fair price shop dealers for a limited period of six months, respondent Nos.3 and 4 have stopped allocation of the essential commodities to them for distribution to the card holders.
A perusal of five separate orders, dated 29.03.2012, passed by respondent No.3, under which the petitioners were appointed as temporary fair price shop dealers, shows that they were appointed on temporary basis for a period of six months. However, it is specifically stated that their dealership may be terminated in future at any time on appointment of permanent fair price shop dealer or until further orders, whichever is earlier.
The petitioners pleaded that though their appointments were limited to six months, in view of the clause in their appointment orders to the effect that their respective appointments will be terminated on appointment of fair price shop dealers on permanent basis, they are being continued all these years. They also pleaded that they have been discharging their duties as temporary fair price shop dealers to the utmost satisfaction of all the card holders and without giving any scope for any complaint from any quarter and that, so far, their 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 shops to be kept vacant, without filling up the same on permanent basis, for more than two years. Having continued the petitioners so long, there is no justification to discontinue them suddenly on the purported ground that their appointment orders were valid only for six months, more so, in the absence of omissions and commissions in the running of the respective fair price shops by them.
Respondent No.3 is, therefore, directed to immediately notify the vacancies for the above-mentioned fair price shops of Narpala Village and Mandal, Anantapur District, 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 petitioners shall be continued as temporary fair price shop dealers in respect of their respective fair price shops.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, WPMP.No.41550 of 2014, filed by the petitioners for interim relief, is disposed of as infructuous.
(C.V.NAGARJUNA REDDY, J)
06thNovember 2014
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