Telangana High Court

Smt.M.Syamala, vs State Of Telangana, on 23 February, 2024

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                                                                    SK,J
                                                   W.P.Nos.28311 of 2021
                                                        & 17946 of 2023

     IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
                              *****
                  WRIT PETITION NO.28311 of 2021
Between:
Smt.M.Syamala
                                                             ...Petitioner

AND
The State of Telangana,, rep. by its Principal Secretary, Consumer
Affairs and Food and Civil Supplies Department, Hyderabad and
two others
                                                ...Respondents
                  WRIT PETITION NO.17946 of 2023
Between:
M.Syamala
                                                             ...Petitioner

AND
The State of Telangana,, rep. by its Principal Secretary, Consumer
Affairs and Food and Civil Supplies Department, Hyderabad and
four others
                                                    ...Respondents
COMMON JUDGMENT PRONOUNCED ON: 23.02.2024
SUBMITTED FOR APPROVAL:

                THE HON'BLE SRI JUSTICE K.SARATH

1.     Whether    Reporters     of    Local :      Yes/No
       newspapers may be allowed to see
       the Judgment ?


2.     Whether the copies of judgment may      :   Yes/No
       be marked to Law Reports/Journals


3.     Whether Their Lordship/Ladyship         :   Yes/No
       wish to see the fair copy of judgment

                                                   _____________________
                                                   JUSTICE K.SARATH
                                  2
                                                               SK,J
                                              W.P.Nos.28311 of 2021
                                                   & 17946 of 2023

             THE HON'BLE SRI JUSTICE K.SARATH

+WRIT PETITION NO.28311 of 2021

%Dated 23.02.2024

# Smt.M.Syamala
                                                        ...Petitioner

AND

$   The State of Telangana,, rep. by its Principal Secretary,
Consumer Affairs and Food and Civil Supplies Department,
Hyderabad and two others
                                              ...Respondents
+WRIT PETITION NO.17946 of 2023

%Dated 23.02.2024

# M.Syamala
                                                        ...Petitioner

AND
$ The State of Telangana,, rep. by its Principal Secretary,
Consumer Affairs and Food and Civil Supplies Department,
Hyderabad and four others
                                            ...Respondents

! Counsel for Petitioner in          : Sri Botla Venkateswar Rao
 both the petitions :

^ Counsel for official Respondents    : Govt. Pleader for Civil Supplies
^ Counsel for official Respondent No.4: Ms. Devara Smitha
 In WP No.17946 of 2023

< GIST :

> HEAD NOTE :

? Cases referred :
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                                                           SK,J
                                          W.P.Nos.28311 of 2021
                                               & 17946 of 2023

          HON'BLE SRI JUSTICE K.SARATH

WRIT PETITION Nos.28311 of 2021 and 17946 of 2023

COMMON ORDER:

Since both these writ petitions arise out of the

common issue and the petitoner is one and the same

they are being disposed of by this common order.

2. Heard Sri Botla Venkateswara Rao, learned

Counsel for the petitioner, learned Assistant

Government Pleader for Civil Supplies for the official

respondent and Ms. Devara Samhitha, learned Counsel

for the respondent No.4 in W.P.No.17946 of 2023.

3. W.P.No.28311 of 2021 is filed seeking to declare

the Notification bearing Rc.No.C/480/2021

dated 25.10.2021 issued by the respondent No.2 calling

for the applications for appointment of Fair Price Shop

Dealer of Shop No.2287001 situated at Sathupalli

Village, Sathupalli Mandal, Khammam District without

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following the reservation policy as provided under law

and without considering the applications

dated 13.09.2021 and 01.11.2021 of the petitioner for

continuing her as Fair Price Shop Dealer of the said

shop as illegal and arbitrary.

4. This Court passed interim orders dated

12.11.2024 in W.P.No.28311 of 2021 and directed the

respondents to dispose of the representations filed by

the petitioner dated 13.09.2021 and 01.11.2021.

5. Thereafter, the petitioner filed W.P.No.17946 of

2023 questioning the appointment of the respondent

No.4 as Fair Price Shop Dealer of Shop No.2287001 (old

shop No.17001 of Ayyagaripeta Village), situated at

Sathupalli Village, Sathupalli Mandal, Khammam

District issued in Rc.No.C/480/2021 dated 20.05.2023

issued by the respondent No.2.

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6. Learned Counsel for the petitioner submits that

the petitioner was appointed as Fair Price Shop Dealer

temporarily on 08.03.2011 for the shop No.17001

situated at Ayyagaripeta Village, Sathupalli Mandal and

the same was renumbered as F.P.Shop No.2287001,

which is reserved for women in open category and

discharging her duties without any complaint. While

so, pursuant to the notification dated 27.08.2021

issued by the respondent No.2, the petitioner made a

representation dated 13.09.2021 to the respondent

No.2 along with the required documents to allot the

said shop to her. When the said notification was

challenged, this Court has set aside the same directing

the respondents to issue fresh notification. Thereafter,

the respondent No.2 has issued the impugned

notification dated 25.10.2021 and again the petitioner

made a representation dated 01.11.2021 to the

respondent No.2. Learned counsel submits that

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without considering the said representations of the

petitioner, the respondent No.2 has appointed the

respondent No.4 in W.P.No.17946 of 2023 as temporary

fair price shop dealer for the said shop, which is illegal

and arbitrary and requested to allow both the writ

petitions.

7. Learned Government Pleader for Civil Supplies

submits that the appointment of Self Help Groups are

purely temporary basis but not to the individuals and

as the petitioner was appointed as Fair Price Shop

Dealer on temporary basis, she is not entitled to claim

any regular appointment. There is no provision or

guidelines from the Government for appointment of self

help group on permanent basis as Fair Price Shop

Dealers. The Government has issued guidelines vide

G.O.Ms.No.20, Consumer Affairs, Food and Civil

Supplies (CS.I-CSS) Department, dated 06.09.2018 to

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fill up the vacancies of fair price shop dealers in the

State on regular basis subject to fulfillment or eligibility

criteria and preference was given to the women groups

in appointment of Fair Price Shop Dealers, but not

issued any direction to continue the self help groups

appointed temporarily as permanent dealers.

8. Learned Government Pleader further submits that

the Commissioner has issued proceedings

dated 04.09.2021 directing the appointing authorities

to notify all vacancies by following roaster of

reservations and thereupon notification was issued

following the guidelines in G.O.Ms.No.20, Consumer

Affairs, Food and Civil Supplies (CS.I-CSS) Department,

dated 06.09.2018. In this regard, the representations

of the petitioner was rejected for the reason that she

has attained the age of 60 years which is above the age

limit earmarked for appointment of Fair Price Shop

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Dealer and upper age limit is 40 years and as such she

is not eligible for appointment as regular Fair Price

Shop Dealer.

9. Learned Government Pleader basing on the

counter averments in W.P.No.17946 of 2023 further

submits that the respondent No.4 was appointed as

Fair Price Shop Dealer for the shop earmarked under

open category (women) and the appointment was made

through regular selection process as pr rules. As the

petitioner is representing a Self Help Group named as

Rajiv DWACRA Group, Sathupalli, she was appointed

for maintenance of said Fair Price Shop during the year,

2011 on temporary basis until permanent

arrangements are made. Learned Government Pleader

further submits that the representations of the

petitioner for appointment as regular dealer were

rejected vide order dated 06.01.2023 on the ground

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that she has attained the age of 60 years and requested

to dismiss the writ petitions.

10. Learned Counsel for the respondent No.4 in

W.P.No.17946/2023 based on the counter averments

submits the respondent No.4 was selected for regular

appointment as per rules after following the due

procedure. The official respondents have issued

appointment order to the respondent No.4 on

temporary basis due to pendency of W.P.No.28311 of

2021. The respondent No.2 has issued a memo dated

06.01.2023 rejecting the representations of the

petitioner as the age limit for appointment of regular

Fair Price Shop Dealer is 40 years as per the

notification dated 25.10.2021. After rejecting the

representations of the petitioner on 06.01.2023, the

appointment order was issued to the respondent No.4

on 20.05.2023 and the petitioner has no locus standi

to question the appointment of the respondent No.4

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and she is not eligible for regular appointment of Fair

Price Shop Dealer and requested to dismiss the writ

petition.

11. Having heard the submissions on both sides and

perusal of the record, this Court is of the considered

view that, initially the petitioner filed W.P.No.28311 of

2021 questioning the Notification Rc.No.C/480/2021

date 25.10.2021 calling for applications for

appointment of Fair Price Shop Dealer for Shop

No.2287001, situated at Sathupalli village of Sathupalli

Mandal of Khammam District without following due

process of law and reservation policy as provided under

Law and without considering the applications dated

13.09.2021 and 01.11.2021 filed by the petitioner and

to continue her as Fair Price Shop Dealer. Thereafter

the petitioner filed W.P.No.17946 of 2023 questioning

the proceedings of the respondent No.2,

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No.C/480/2021 dated 20.05.2023, appointing the

respondent No.4 as Fair Price Shop Dealer for Shop

No.2287001 of Sathupalli village of Sathupalli Mandal

of Khammam District.

12. A perusal of the appointment of the order dated

08.03.2011 issued to the petitioner as Fair Price Shop

dealer clearly shows that the petitioner i.e M.Syamala,

is the Member of Rajiv DAWCRA Group and she was

temporarily appointed to discharge the functionaries of

FP Shop No.17001 (New shop No.2287001) of

Ayyagaripeta village of Sathupalli Mandal for the time

being till the regular F.P. Shop dealer is appointed.

Thereafter, the respondent No.2 issued Notification for

regular appointment as per G.O.Ms.No.20, Consumer

Affairs, Food and Civil Supplies (CS.I-CSS) Department,

dated 06.09.2018.

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13. The contention of the petitioner is that the

appointment of the respondent No.4 as regular Fair

Price Shop dealer, without considering the case of the

petitioner, is arbitrary and illegal. But, the

appointment order given to the petitioner shows that

she was appointed on temporary basis and as a time

gap arrangement in the capacity of Member of Rajiv

DWACRA Group and not in the individual capacity. In

view of the same, the petitioner has no right to seek

regular appointment in pursuance to the notification.

Admittedly, the petitioner has crossed 60 years of age.

As the petitioner has no right or qualification or age as

prescribed under Rules, the official respondents have

issued rejection orders to the petitioner basing on her

representation dated 06.01.2023 and the same has

became final.

14. The learned Counsel for the petitioner vehemently

argued that the appointment of the respondent No.4 is

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temporary and she cannot be appointed in place of the

petitioner as the petitioner has right to continue as FPS

dealer. This court is not inclined to accept the

contention of the petitioner as the petitioner has

substantial right to question the regular appointment

which was issued as per the Rules contemplated in

G.O.Ms.No.20, Consumer Affairs, Food and Civil

Supplies (CS.I-CSS) Department, dated 06.09.2018.

The petitioner cannot claim to continue her as FPS

dealer without any regular appointment. Moreover the

respondent No.4 in W.P.No.17946 of 2023 is appointed

through due procedure, therefore the petitioner has no

locus standi to question the regular appointment of the

respondent No.4.

15. In similarly situated circumstances, this Court in

Writ Petition Nos.20692 of 2021 and batch dated

01.09.2021, held that:

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"6. The appointment of fair price shop dealers is governed by the procedure specified by the Government and notified vide G.O.Ms.No.20, Consumer Affairs, Food and Civil Supplies (CS ICCS) Department, dated 06.09.2018. In the annexure appended to the G.O., the guidelines are notified to make appointments of fair price shop dealers. The guidelines require issuance of notification, calling for applications, holding written test, interview, selection and verification of antecedents before appointment orders are issued. The guidelines also prescribe the eligibility criteria regarding educational qualification and age limit. The guidelines also require the competent authority to follow the rule of reservation in favour of various social groups and assessment of residence etc.

7. It is not in dispute that petitioners were appointed temporarily as a stop-gap arrangement till regular appointments are made. While making their appointments the eligibility of others was not assessed, but based on the applications, straightaway they were appointed. As can be seen from the appointment order of petitioner in W.P.No.20692 of 2021, it is clear that the appointment is on temporary basis till regular selections are made and valid for specific period as mentioned therein and extended from time to time again on temporary basis, pending resorting to regular selections and appointment of fair price shop dealers in accordance with the policy notified in G.O.Ms.No.20, dated 06.09.2018. Thus, it is not something that a false hope was created in favour of the petitioners by appointing them and suddenly seeking to dispense with their services by resorting to regular recruitment. With eyes wide open, petitioners accepted the temporary appointment for a limited period, extended from time to time. Further, while appointing fair price shop dealers, the competent authority is also required to follow the rule of reservation and various fair price shop dealerships are arranged in the roaster. When petitioners were appointed, the rule of reservation was also not observed".

(Emphasis added)

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16. In the instant case also the petitioner was

appointed temporarily as a stop-gap arrangement till

regular appointment is made without any selection

process. Thereafter the official respondents have issued

notification and appointed the respondent No.4 in

W.P.No.17946 of 2023 through regular process of

selection in accordance with the Rules notified in

G.O.Ms.No.20, Consumer Affairs, Food and Civil

Supplies (CS.I-CSS) Department, dated 06.09.2018.