Kum D.Vijaya Lakshmi v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.13641 OF 2018 ORDER:

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

2.

By way of an order vide proceedings Rc.No.4416/2014/G, dated 26.09.2014, the Revenue Divisional Officer, Guntur, appointed the petitioner as Fair Price Shop dealer in respect of Shop No.8 of Guntur City, on purely temporary basis.

3.

Earlier when the second respondent issued a notification indicating minimum qualification as V class instead of VII class, the petitioner herein filed W.P.No.37732 of 2017. In the said Writ Petition, an adendum notification dated 09.11.2017 showing the VII class as minimum qualification was produced by the learned Assistant Government Pleader, during the course of arguments and in view of the same, the Writ Petition came to be dismissed on 16.11.2017, while keeping it open for the petitioner to apply in pursuance of the notification subject to qualifications and eligibility. 4.

According to the petitioner, she applied for the said authorization on permanent basis and the Revenue Divisional Officer issued a notice vide Rc.No.5309/2017-B, dated ...12.2017, by indicating therein that the petitioner herein got qualified in the written test while asking her to appear for interview in the office of the Revenue Divisional Officer on 21.12.2017. According to the learned counsel, in response to the said notice, the petitioner herein

attended for the interview and submitted all the documents required. It is further submitted by the counsel that despite considerable lapse of time from the date of said interview and the conclusion of the selection process, the respondent-authorities are not issuing any final orders appointing her as regular Fair Price Shop dealer, nor releasing the essential commodities for the month of April, 2018. So long as the order passed by the RDO on 26.09.2014 continues to be in force, the petitioner herein is entitled to lift the stock. 5.

Having heard learned counsel for the petitioner, learned Government Pleader, this Court deems it appropriate to dispose of the Writ Petition with a direction to the respondents herein to supply stocks to the petitioner herein for distribution of the same to the card holders till the final action is taken pursuant to the selection process undertaken for filling up the authorization on permanent basis. It is also made clear that respondent-authorities will not be precluded from taking any action in the event of there being any irregularities on the part of the petitioner herein. 6.

Accordingly, this Writ Petition is disposed of. 7.

The miscellaneous petitions pending, if any, shall also stand closed. There shall be no order as to costs. __________________________ JUSTICE A.V.SESHA SAI 23.04.2018 Note:

Issue CC in three days.

B/o.

vhb

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.13641 OF 2018 DATE: 23.04.2018 vhb