HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.32595 of 2014 Date:30.10.2014 Between:
Vasantha Group, East Veerayapalem Village, reptd by its Group Leader-Gogineni Rathamma.
And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and two others.
Counsel for the Petitioner: Sri I.Koti Reddy . Petitioner . Respondents Counsel for the Respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.2 and 3, in seeking to discontinue the petitioner as fair price shop dealer, by withholding the essential commodities, on the ground that her temporary appointment is only for a period of two months i.e., for August and September 2014, as illegal and arbitrary.
At the hearing, learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh), on instructions, submitted that the petitioner is being continued as fair price shop dealer for the month of November, 2014 also and that the essential commodities will be released to her for distribution to the card holders.
From the material on record, it is evident that a permanent vacancy had arisen for fair price shop No.20 of East Veerayapalem Village, Darsi Mandal, Prakasam District and temporary arrangements are being made.
In the opinion of this Court, it is desirable to fill up the vacancy on permanent basis at the earliest possible time and continue the temporary dealer till the vacancy is filled up permanently.
Therefore, I do not find any reason to replace one temporary fair price shop dealer with another temporary dealer till the vacancy is permanently filled up.
For the above-mentioned reasons, respondent No.2 is directed to initiate steps for appointing a permanent fair price shop dealer for the above-noted fair price shop. Till such appointment is made, he shall continue the petitioner as temporary fair price shop dealer.
The Writ Petition is, accordingly, allowed.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.40753 of 2014 filed by the petitioner for interim relief stands disposed of as infructuous.
JUSTICE C.V.NAGARJUNA REDDY
30th October, 2014 DR