High Court for State of TelanganaWP/9537/2016disposed of no costs

Chamundeswari Mahila Mandali, v. The State Of Andhra Pradesh,

2016-03-23Challa Kodanda Ram2 pages

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9537 OF 2016 O R D E R:

Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing for the respondents.

The petitioner was appointed as Fair Price Shop Dealer for Shop No.3 of Rekkalakondapalle Village, Peddamandyam Mandal, Madanapalle Division, Chittoor District on 10.06.2008 on temporary basis and its authorization is subsisting as of today. While so, the 3rd respondent issued a notification on 07.03.2016 inviting applications for filling up the vacancy of dealer to the aforesaid Fair Price Shop on permanent basis. The same is questioned in the present writ petition.

Learned counsel for the petitioner submits that the petitioner was appointed as dealer of the aforesaid Fair Price Shop on temporary basis in the year 2008 and since then it has been distributing the essential commodities to the cardholders without there being any complaint or blemish. He further submits that in terms of G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 19.02.2011, the petitioner may be given preference for appointment of dealer to the aforesaid Fair Price Shop on permanent basis.

Pertinently there is no vested right on the petitioner to seek for its appointment as Fair Price Shop Dealer on permanent basis. The only course left open to the petitioner is to particulate in the selection process. However, considering the facts and circumstances of the case and submissions made by the learned

counsel for the petitioner, the Writ Petition is disposed of with a direction to the respondents to continue the petitioner as fair price shop dealer for the shop in question until the appointment of a new dealer in terms of the notification dated 07.03.2016. The petitioner may also participate in the selection process and the respondent-authorities may consider the case of the petitioner by giving preference on account of his previous experience put in running the fair price shop since 2008.

Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs.

----------------------------------- CHALLA KODANDA RAM, J Dated:23.03.2016.

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