HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.4213 of 2010 DATED: 24.04.2014 Between:
P. Venkata Chalapathi ... Petitioner And The Joint Collector (CS), Chittoor district At Tirupati & another … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.4213 of 2010 ORDER:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for respondents.
2. The petitioner’s father was working as fair price shop dealer of Shop No.41 of Tirupati and his authorisation was renewed from time to time and it was renewed up to 31.03.2010. He fell sick during the year 2006-07 and submitted a representation on 13.07.2006 requesting the 2nd respondent to appoint his son, who was an un- employee, in his place. Ultimately, the father of the petitioner expired on 14.06.2008 and the shop No.41 was attached to one G.Munemma, who is a dealer of shop No.47. When one Munnuswamy filed WP No.25004 of 2007 to consider his case for appointment in respect of the fair price shop Nos.49, 23 and 60, this Court disposed of the said writ petition directing the respondents to consider the request of the petitioner for appointment against the said vacancy on temporary basis. The respondent instead of considering his case for the said shop, the Shop No.41 was attached to the said Munnuswamy on temporary basis. Thereafter, a notification was issued inviting the applications for appointment of the fair price shop dealers for various shops in Tirupati Urban Mandal, on 15.11.2008 in which Shop No.41 was also notified and it was reserved for scheduled caste. The petitioner belongs to the scheduled caste and he submitted his application for shop No.41 and attended the test on 27.06.2009. It is his case that if the results of the test are announced, the said Munnuswamy cannot be continued as temporary dealer and hence, the results of the test were not announced. Challenging the action of the respondents in not publishing the rests of the test, the present writ petition was filed.
3. No counter-affidavit is filed till today by the respondents and the learned Assistant Government Pleader for the respondents is unable to state whether the results are published or not. If the results of the test held in pursuance to the notification dated 15.11.2008 are not published till now, the respondents are directed to publish the same forthwith. In the said results, if the petitioner does not become successful, the petitioner is given liberty to make representation to the respondents to consider his case in the place of his father, who expired while running the fair price shop No.41 in accordance with G.O.Ms.No.4 dated 28.02.2014 and the respondents shall consider the said representation within a period of three months from the date of receipt of the said representation.
4. With the above observation, the writ petition is disposed of Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 24.04.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 0 WRIT PETITION No.4213 of 2010 Date: 24.04.2014 BSS