THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.39255 of 2014 Between:
Dated 22nd December, 2014 K.Ganga Vijayabhaskar And …Petitioner The State of Andhra Pradesh, rep.by its Secretary, Civil Supplies Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri Kasa Jaganmohan Reddy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in not considering the petitioner’s application for compassionate appointment as fair price shop dealer in place of his deceased father in respect of shop No.11 of Peddakudala Village, Lingala Mandal, YSR Kadapa District as illegal and arbitrary.
As per the petitioner’s own averments, he is 47 years of age and that his father died very recently i.e., on 03.06.2014. Clause 6(iv) of G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS-I) Department, dated 28.02.2014, envisages that the person who seeks compassionate appointment must be within the age limit as on the date of demise of the fair price shop dealer. It is not disputed by the learned counsel for the petitioner that the upper age limit for appointment is 40 years. As the petitioner is over aged far beyond the prescribed upper age limit, he is not entitled to be considered for compassionate appointment.
For the above-mentioned reasons, the writ petition is dismissed.
As a sequel to dismissal of the writ petition, W.P.M.P.No.49239 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 22nd December, 2014
VGB