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
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
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
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
THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION No.35391 of 2024
Date: 06.01.2025
PRN
