Calcutta High Court (Appellete Side)
Kanika Biswas vs State Of West Bengal & Ors on 18 August, 2021
04
18.08.2021.
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 9774 of 2021
(Via Video Conference)
Kanika Biswas
-versus
State of West Bengal & Ors.
Mr. Ranjit Kumar Roy.
...For the Petitioner.
None appears on behalf of the respondents in
spite of service. Affidavit of service filed in Court is
taken on record.
The petitioner being the married daughter of a
deceased Fair Price Shop Dealer prays for
compassionate engagement.
By an order dated 14th January, 2021, the Sub-
Divisional Controller, Food & Supply communicated to
the petitioner that the Principal Secretary to the
Government of West Bengal had directed to process the
cases of married daughter for engagement against the
license of a deceased Fair Price Shop Dealer in the light
of the judgment passed by the Hon'ble High Court in
the matter of Anjana Modak -vs- State of West Bengal
& Ors. (WP 449 of 2019).
The impugned order dated 14th January, 2021
mentions that the petitioner was requested to submit
documents to show her dependency on her father but
the petitioner has failed to submit any document
showing her eligibility criteria as per the applicable
control order.
The petitioner submits before this Court that her
husband has a grocery shop and earns a very meager
sum. The earning of the husband of the petitioner is
not enough to manage or run the family. The petitioner
asserts that she was completely dependent upon her
father.
In support of her submission, the petitioner has
relied upon an affidavit affirmed by her before the
Notary Public at Calcutta and has annexed series of
certificates issued by the Pradhan of the Gram
Panchayat where she is residing as well as certificates
issued by her neighbours to the effect that the
petitioner was completely dependent upon her father.
The learned advocate appearing for the petitioner
submits that all the aforesaid documents were
forwarded along with the application seeking
engagement before the concerned authority.
From the impugned order, it appears that the
Sub-Divisional Controller did not take into
consideration the documents submitted by the
petitioner in support of her dependency.
The impugned order does not reflect that the
certificates produced by the petitioner were taken into
consideration.
In view of the above submissions, the instant writ
petition is disposed of by directing the Sub-Divisional
Controller, Food and Supplies being the respondent No.
4 herein to reconsider the prayer of the petitioner for
being engaged on compassionate ground in the light of
the documents submitted by her in support of her
claim of dependency on her father.
In the event, any further document is required
from the petitioner, the Sub-Divisional Controller shall
intimate the same to her. If the Sub-Divisional
Controller is of the opinion that the claim of the
petitioner cannot be considered on the basis of the
documents submitted by her, then it will be open for
the Sub-Divisional Controller to make a local enquiry to
verify the statement of the petitioner about her
dependency on her father.
The Sub-Divisional Controller, Food & Supply
shall keep in mind that the matter relates to
engagement on compassionate ground and the same
has to be decided at the earliest. Steps shall be taken
by the Sub-Divisional Controller, Food & Supply
positively within a period of eight weeks from the date
of communication of a copy of this order.
The aforesaid respondent shall pass a reasoned
order and communicate the same to the petitioner
immediately thereafter.
W.P.A. 9774 of 2021 stands disposed of.
Urgent photostat certified copy of this order, if
applied for, be given to the parties on completion of
usual formalities.
( Amrita Sinha, J.)
