Boina Raju, v. The Collector (Civil Supplies),

THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.10432 of 2009 ORDER:

The petitioner was appointed as a Fair Price Shop dealer on a temporary basis against a vacancy that has arisen on account of the death of his father. On a complaint having been made to the Joint Collector with respect to certain temporary appointments made by the then Revenue Divisional Officer, Warangal, the Joint Collector had cancelled, in all, 22 authorizations on the ground that the procedure prescribed in terms of G.O.Ms.No.52 dated 18.12.2008 was not followed while making those temporary appointments. The petitioner, though was temporarily appointed, was not issued with any notice before cancelling his appointment.

Heard learned counsel for the petitioner, and the learned Government Pleader for Civil Supplies. No counter affidavit is filed. It is not in dispute that the petitioner was not issued with any notice before canceling of his temporary appointment. Apart from that fact, as on date, there is an interim order in favour of the petitioner, pending disposal of the writ petition. As on date, G.O.Ms.No.4 dated 19.02.2011 came to be issued providing for appointment of legal heirs of deceased Fair Price Shop dealer subject to their eligibility. In those circumstances, considering the fact that the petitioner has been continuing on a temporary basis from 28.02.2009, the 2nd respondent shall take into consideration the eligibility of the petitioner under

wp_10432_2009 CKR, J G.O.Ms.No.4 dated 19.02.2011, and subject to the petitioner satisfying the eligibility criteria stipulated in G.O.Ms.No.4 dated 19.02.2011, the authorization granted in favour of the petitioner on temporary basis may be made permanent.

With the above direction, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed. ___________________________ CHALLA KODANDA RAM, J 24th October, 2019 KSM

wp_10432_2009 CKR, J THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.10432 of 2009 24th October, 2019 KSM