Telangana High Court
Buddabhaskar vs The State Of Telangana on 6 January, 2025
THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION No.35391 of 2024
ORDER:
This Writ Petition is filed seeking a direction to the respondents to consider the case of the petitioner for compassionate appointment as fair price shop dealer for fair price shop No.4505029, Pegadapalli, Mulugu Mandal, by applying the age relaxation as per G.O.Ms.No.14 dated 16.06.2023 and to pass such other order or orders.
2. Brief facts leading to the filing of the present writ petition are that the petitioner's father was an authorized fair price shop dealer of FPS No.4505029, Pegadapalle Village, Mugulu Mandal, who died due to Covid-19 on 30.04.2021 and subsequently, his mother also passed away on 08.06.2021. It is submitted that, thereafter the petitioner made an application dated 31.12.2021 and also on 17.01.2023, 22.12.2023 and 05.12.2024 for compassionate appointment as fair price shop dealer, but, the said applications have not been considered by the TMD,J WP_35391_2024 2 respondents so far. It is further submitted that the Government of Telangana has itself issued G.O.Ms.No.14 dated 16.06.2023 relaxing the upper age limit from 40 years to 50 years for giving appointments as fair price shop dealers to the legal heirs in case of death of fair price shop dealer under compassionate grounds. Therefore, according to the petitioner, his case also should be considered under the said G.O.
3. Learned counsel for the petitioner referred to similar case where the age relaxation has been given by the Government in the case of one Smt. Erram Veena Rani. Learned counsel for the petitioner also placed reliance upon the judgment of the High Court of Andhra Pradesh in W.P.No.33875 of 20216, wherein the case of the petitioner therein was directed to be considered for compassionate appointment as authorized fair price shop dealer in terms of G.O.Ms.No.4 dated 28.02.2014 and G.O.Ms.No.33 dated 19.12.2018 and therefore, prayed for allowing this Writ Petition.
TMD,J WP_35391_2024 3
4. Learned Government Pleader for Civil Supplies, appearing for the respondents, however submitted that G.O.Ms.No.14 dated 16.06.2023, which is being referred to by the petitioner, is only prospective in nature and the petitioner's applications are prior thereto and therefore, the case of the petitioner cannot be considered under the said G.O., as he is over aged.
5. Having regard to the fact that the petitioner's application dated 17.01.2023 and subsequent applications are still pending consideration and the respondents have not rejected the same, the respondents are directed to consider the said applications in terms of G.O.Ms.No.14 dated 16.06.2023 and even otherwise, if it is considered that the said G.O. is applicable prospectively, the respondents shall consider relaxing the age as per the Office Memorandum dated 02.08.2022 issued by the Government of India and the guidelines issued thereunder for relaxation of age in case of compassionate appointment of fair price shop dealers and pass appropriate order TMD,J WP_35391_2024 4 thereon within a period of one (01) month from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this writ petition, shall stand closed.
_____________________________ JUSTICE T. MADHAVI DEVI Date: 06.01.2025 PRN TMD,J WP_35391_2024 5 237 THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.35391 of 2024 Date: 06.01.2025 PRN